H-1B Remanded — Software Development (2021): the Director prematurely denied the petition based on the

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

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