remanded H-1B Case: Software Development
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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The Director's decision was withdrawn and the matter was remanded because the record did not support a finding that the proffered position of 'engineer 3, software development & engineering'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
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