remanded
H-1B
remanded H-1B Case: Automatic Identification Product Manufacturing
Decision Summary
The Director denied the petition after concluding the beneficiary did not qualify for an H-1B cap exemption. The AAO withdrew this decision and remanded the case back to the Director for further review and the entry of a new decision.
Criteria Discussed
H-1B Cap Exemption
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Non-Precedent Decision of the Administrative Appeals Office MATTER OF 1-T-A-S- CORP. DATE: APR. 17, 2017 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an automatic identification product manufacturer, seeks to temporarily employ the Beneficiary as a "project manager" 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. ยง 1101(a)(l5)(H)(i)(b). The Director of the California Service Center denied the petition, concluding that the Beneficiary does not qualify for an H-1B cap exemption. The Petitioner appealed the matter to us. We hereby withdraw the Director's decision. The matter will be remanded to the Director for further review of the Petitioner's claims and for 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 ORDER: The decision of the Director is withdrawn.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 of 1-T-A-S- Corp., ID# 187062 (AAO Apr. 17, 2017)
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