remanded
H-1B
remanded H-1B Case: Software Engineering
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Decision Summary
The appeal was remanded because the Director improperly denied the petition based on the beneficiary's qualifications without first determining whether the proffered position qualifies as a specialty occupation. The AAO found the Director's decision insufficient for review and sent the case back for a new decision that addresses the specialty occupation issue, particularly questioning the petitioner's inconsistent and disparate degree requirements.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications
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