H-1B Remanded — Software Development (2019): the Director denied the petition based on the Beneficiary's

Decision Summary

The Director denied the petition based on the Beneficiary's qualifications. However, the AAO remanded the case because the Director failed to follow the proper legal standard, which requires first determining whether the proffered position qualifies as a specialty occupation before evaluating the Beneficiary's qualifications. The decision was withdrawn and the case was sent back for a new decision addressing this issue first.

Criteria Discussed

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