remanded H-1B

remanded H-1B Case: Software Engineering

📅 Date unknown 👤 Company 📂 Software Engineering

Decision Summary

The Director's decision was withdrawn and the case was remanded. The AAO noted that regulations require the director to explain in writing the specific reasons for a denial. The matter was returned to the Director for review and the entry of a new, properly explained decision.

Criteria Discussed

Beneficiary Qualifications Specialty Occupation Procedural Requirements For Denial

View Full Decision Text

Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF C-C- CORP. DATE: APR. 24,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a technology business, seeks to temporarily employ the Beneficiary as a "software 
engineer" under the H -1 B nonimmigrant classification for specialty occupations. See Immigration 
and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director of 
the California Service Center denied the petition, concluding that the Beneficiary is not qualified to 
perform the services in a specialty occupation. The Petitioner appealed the matter to us. 
The regulation at 8 C.P.R.§ 103.2(b)(19) states that the director will notifY a petitioner in writing of a 
decision made on a benefit request. Further, 8 C.P.R. § 103.3(a)(l)(i) states that when denying a 
petition, the director shall explain in writing the. specific reasons for denial. The petition will be 
remanded to the director for review and entry of a new decision. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision. 
Cite as Matter ofC-C- Corp., ID# 202269 (AAO Apr. 24, 2017)

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