H-1B Remanded — Software Development (2019): the decision was remanded because the AAO found the

Decision Summary

The decision was remanded because the AAO found the Director's conclusion that the position was not a specialty occupation to be premature. The AAO determined there was a more fundamental issue of whether the certified Labor Condition Application (LCA) corresponded to the petition, as the selected occupational code ('Operations Research Analysts') may not have been appropriate for the described duties, which more closely resembled 'Software Developers, Applications'. The matter was sent back for the Director to resolve the LCA correspondence issue before re-evaluating the petition.

Criteria Discussed

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