remanded H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 11, 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software developer and testing firm, seeks to temporarily employ the Beneficiary as 
a "programmer analyst" under the H-1 B 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, California Service Center, initially approved the petition. Subsequently, U.S. 
Citizenship and Immigration Services (USCIS) issued a notice of intent to revoke (NOIR) approval 
of the petition, finding that the record did not establish that the proffered position is a specialty 
occupation. The Petitioner submitted a response to the NOIR. 
The file record contains a copy of a decision dated August 19, 2016, addressed to the Petitioner and 
discussing facts pertinent to the Petitioner ("file record decision"); however, on appeal, the Petitioner 
submitted a different decision, also dated August 19, 2016, which it claims it received from the 
service center. In the file record decision, the Director accurately identifies the nature and location 
of the Petitioner's business, the proffered position, and addresses the evidence submitted in response 
to the NOIR. The other decision submitted by the Petitioner on appeal has the correct cover page 
listing the Petitioner's name and the instant file number; however, starting on page 2, the decision 
has the incorrect file number and it incorrectly identifies the nature and location of the Petitioner's 
business, identifies a different proffered position, and addresses evidence not submitted for the 
record in this matter. 
Because it appears that the Director did not issue a decision to the Petitioner that reflects the 
evidence of record and her analysis of that evidence, this matter must be remanded to the Director to 
issue the correct decision. We decline to reach the merits of the Director's decision at this time and 
reserve any determination on whether the approval of the petition should be revoked. On remand, 
the Director should issue the correct decision. If the approval of the petition is revoked, the 
Petitioner shall be afforded an opportunity to thereafter file a motion or appeal. 
Matter of C-, Inc. 
As always in these proceedings, the burden of proof rests solely with the petitioner. Section 291 of 
the INA, 8 U.S.C. § 1361. 
ORDER: The decision of the Director, California Service Center, is withdrawn. The matter is 
remanded to the Director, California Service Center, to issue the correct decision. 
Cite as Matter ofC-, Inc., ID# 186336 (AAO Jan. 11, 2017) 
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