remanded
H-1B
remanded H-1B Case: Software Development
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Decision Summary
The director's denial, based on the beneficiary's qualifications, was withdrawn as the AAO found the beneficiary's master's degree was sufficient. However, the case was remanded because the record did not establish that the programmer/analyst position itself qualifies as a specialty occupation, requiring the director to make a new determination on that issue.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(C) - Beneficiary Qualifications 8 C.F.R. § 214.2(H)(4)(Iii)(A) - Specialty Occupation Position Requirements
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