H-1B Remanded — Software Development (2020): the initial denial was deemed insufficient for review

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

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