H-1B Remanded — Software Development (2020): a recent court decision and subsequent rescission of a

Decision Summary

The case was remanded because a recent court decision and subsequent rescission of a USCIS policy memorandum affected the basis of the original denial, which was the availability of work for the requested period. The AAO sent the matter back to the Director for reconsideration under the new guidance and also pointed out additional issues to be reviewed, such as inconsistencies in the job title and a potential mismatch between the required master's degree and the wage level on the LCA.

Criteria Discussed

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