H-1B Remanded — Software Development (2019): the Director's decision was withdrawn and the case was

Decision Summary

The Director's decision was withdrawn and the case was remanded because the Director erred by denying the petition based on the beneficiary's qualifications without first determining if the proffered position qualified as a specialty occupation. The AAO stated that the specialty occupation issue must be addressed first and noted the record lacked sufficient evidence to establish the position's duties.

Criteria Discussed

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