H-1B Remanded — Software Technology (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 incorrectly denied the petition based on the beneficiary's qualifications without first determining whether the proffered position itself qualifies as a specialty occupation, which is the required first step in the analysis. The case was sent back for a new decision that properly considers the specialty occupation issue first.

Criteria Discussed

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