Remanded
H-1B
H-1B Remanded — Software Development (2016): the AAO granted the petitioner's motion to reopen,
Decision Summary
The AAO granted the petitioner's motion to reopen, withdrawing its previous summary dismissal. However, the case was remanded because the Director had initially denied the petition based on the beneficiary's qualifications, which is the wrong legal standard. The AAO instructed the Director to first determine if the proffered position qualifies as a specialty occupation before evaluating the beneficiary's credentials.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer Normally Requires A Degree Specialized And Complex Duties
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