remanded
H-1B
remanded H-1B Case: Software Engineering
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Decision Summary
The Director's decision was withdrawn and the case was remanded because the initial denial did not offer an adequate analysis. Specifically, the Director analyzed the position under the wrong occupational category without justification, which prevented the petitioner from having a fair opportunity to contest the decision. The AAO also noted inconsistencies in the evidence provided regarding the job duties and the nature of the end-client project.
Criteria Discussed
Specialty Occupation Non-Speculative Employment
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