dismissed
H-1B
dismissed H-1B Case: Engineering And Construction
Decision Summary
The appeal was dismissed and the revocation of the H-1B petition was upheld. The director found that the beneficiary was not employed in the capacity specified in the petition (management analyst), based on evidence from a site visit which indicated the beneficiary's actual duties involved overseeing heating system installations. This discrepancy constituted a violation of the terms and conditions of the approved H-1B petition.
Criteria Discussed
Employment In The Capacity Specified In The Petition Violation Of Terms And Conditions Of The Approved Petition Misrepresentation Of Material Fact
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