Remanded
H-1B
H-1B Remanded — Software Engineering (2019): the Director's decision was deemed insufficient for review
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
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →