H-1B Remanded — Software Development (2020): the Director's initial decision was insufficient for review

Decision Summary

The appeal was remanded because the Director's initial decision was insufficient for review. The Director failed to follow the proper legal standard by denying the petition based on the beneficiary's qualifications without first determining if the proffered position itself qualified as a specialty occupation. The case was sent back for the Director to properly analyze the specialty occupation and employer-employee relationship criteria first, and then make a new decision.

Criteria Discussed

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