remanded
H-1B
remanded H-1B Case: Software Engineering
Decision Summary
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director failed to follow the proper legal standard by not first determining whether the proffered position qualified as a specialty occupation before assessing the Beneficiary's qualifications. The case was sent back for the Director to consider the specialty occupation issue and issue a new decision.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications Education Evaluation Work Experience Equivalence
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