Remanded
H-1B
H-1B Remanded — Software Development (2017): the Director's decision was withdrawn and the matter was
Decision Summary
The Director's decision was withdrawn and the matter was remanded because the record did not support a finding that the proffered position of 'engineer 3, software development & engineering' qualifies as a specialty occupation. The AAO found that the petitioner failed to establish the position requires a degree in a specific specialty, particularly after indicating a general business degree would be acceptable. Additionally, the AAO noted inconsistencies in the record which made it difficult to determine the substantive nature of the position's duties.
Criteria Discussed
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Complexity And Specialization Of Job Duties Commonality Of Degree Requirement In The Industry
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →