H-1B Remanded — Software Engineering (2020): the Director improperly denied the petition based on the

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

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