remanded H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 10548811 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WLY 10, 2020 
The Petitioner , a software development and consulting firm, seeks to temporarily employ the 
Beneficiary under the H-lB nonimmigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b) . The H-lB 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both: (a) the theoretical and practical application of a body of highly specialized knowledge; 
and (b) the attainment of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a 
minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition , concluding that the Petitioner did not 
establish the availability of work for the entire validity period requested. While this appeal was 
pending, the U.S. District Court for the District of Columbia issued a decision inltserve Alliance, Inc. 
v. Cissna, --- F.Supp.3d ---, 2020 WL 1150186 (D.D.C. 2020) . Subsequently , U.S . Citizenship and 
Immigration Services (USCIS) rescinded previously issued policy guidance USCIS Policy 
Memorandum PM-602-0114 , Rescission of Policy Memoranda (June 17, 2020) , 
http ://www . uscis. gov /legal-resources /policy-memoranda . 
Because this case is affected by the new policy guidance , we find it appropriate to remand the matter 
for the Director to consider the question anew and to adjudicate in the fust instance any additional 
issues as may be necessary and appropriate. 
We also note that the Director should determine whether the submitted labor condition application 
(LCA) satisfies the regulation at 8 C.F.R. § 214 .2(h)(4)(i)(B)(l), which requires a petitioner to obtain 
certification from DOL that it has filed an LCA "in the occupational specialty in which the alien(s) 
will be employed" and if the petition is supported by an LCA that corresponds to the petition under 
20 C.F.R. § 655.705(b) . First , there are inconsistencies in the record regarding the title of the 
Beneficiary. The Petitioner states that the Beneficiary will be a software developer , the mid-vendor 
uses the title user interface developer , and the end-client indicates the position is that of a user interface 
engineer. According to the submitted work order, however, the position is a "Web 
Developer /Programmer III." Second , and more importantly , it does not appear that the Petitioner 
properly accounted for the proffered position's education requirement in the Level I wage indicated 
on the LCA. According to the Petitioner, the position requires "a master's degree in Computer 
Science, [] Electronics and Communication Engineering or related field." The master's level degree 
requirement is echoed by the end-client. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for farther 
proceedings consistent with the foregoing analysis and entry of a new decision. 
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