remanded H-1B

remanded H-1B Case: Software Engineering

📅 Date unknown 👤 Company 📂 Software Engineering

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Decision Summary

The Director denied the petition, concluding that because the beneficiary's end-client project had terminated, the petitioner did not have sufficient specialty occupation work for the entire requested period. The AAO remanded the case, stating the Director may have erroneously applied rescinded policy guidance and needed to properly re-evaluate whether the petitioner established the beneficiary would perform services in a specialty occupation for the full duration requested.

Criteria Discussed

Specialty Occupation Definition Availability Of Specialty Occupation Work For Requested Period Bona Fide Job Offer Misrepresentation

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