remanded
H-1B
remanded H-1B Case: Software Development
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Decision Summary
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director denied the petition based on the Beneficiary's qualifications without first properly determining if the proffered position itself qualifies as a specialty occupation, which is a required first step. The matter was sent back for a new decision to be made consistent with the proper legal analysis.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications Job Duties Description H-1B Caliber Work
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