H-1B Remanded — Software Development (2021): the Director's decision was deemed insufficient for review

Decision Summary

The appeal was remanded because the Director's decision was deemed insufficient for review. The Director incorrectly evaluated the Beneficiary's qualifications without first determining if the proffered position qualifies as a specialty occupation, which is the primary legal standard. Additionally, the AAO instructed the Director to investigate whether the Labor Condition Application (LCA) properly corresponds to the petition, especially concerning undisclosed off-site work locations.

Criteria Discussed

Sign up free to download the original PDF