Remanded H-1B

H-1B Remanded โ€” Software Development (2021): the Director's decision was insufficient for review

๐Ÿ“… 2021-02-11 ๐Ÿ‘ค Company ๐Ÿ“‚ Software Development

Decision Summary

The appeal was remanded because the Director's decision was insufficient for review. The Director failed to first determine whether the proffered position qualified as a specialty occupation before analyzing the beneficiary's qualifications. The AAO found the evidence regarding the job duties, particularly at a third-party client site, was inconsistent, vague, and insufficient to establish the substantive nature of the position.

Criteria Discussed

Specialty Occupation Beneficiary'S Qualifications Third-Party Worksite Requirements
๐Ÿ“„ Original decision (USCIS PDF)

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