remanded
H-1B
remanded H-1B Case: Software Development
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Decision Summary
The appeal was remanded because the Director prematurely denied the petition based on the beneficiary's qualifications without first determining if the proffered position qualified as a specialty occupation. The AAO found the record contained multiple inconsistent job descriptions, making it impossible to evaluate the substantive nature of the position, and instructed the Director to re-evaluate the specialty occupation issue first.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications
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