remanded
H-1B
remanded H-1B Case: Software Development
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Decision Summary
The appeal was remanded because the initial denial was deemed insufficient for review. The AAO found the record lacked sufficient evidence, such as a clear chain of contracts, to establish that non-speculative specialty occupation work would exist for the beneficiary at the end-client location. The decision also questioned the existence of a valid employer-employee relationship and instructed the Director to further develop the record on these points.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Availability Of Work/Chain Of Contracts End-Client Requirements
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