remanded H-1B Case: Automotive Design

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 5, 2024 In Re: 34887337 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
The Petitioner, an automotive product design company, seeks to extend the Beneficiary's temporary 
employment under the H-lB nonimmigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-lB 
program allows a U.S. employer to file a petition with U.S. Citizenship and Immigration Services to 
temporarily employ a qualified foreign worker in a position that requires both: (a) the theoretical and 
practical application of a body of highly specialized knowledge; and (b) the attainment of a bachelor's 
or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite for entry into 
the position. 
The California Service Center Director approved the Form 1-129, Petition for a Nonimmigrant Worker 
(petition) for a shorter period than requested. The matter is now before us on appeal. The Petitioner 
bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. Section 291 
of the Act; Matter ofChawathe, 25 l&N Dec. 369,375 (AAO 2010). We review the questions in this 
matter de novo. Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo 
review, we will sustain the appeal. 
Section 214(g)(4) of the Act, 8 U .S.C. § 1184(g)(4), sets a six-year limitation on the period of 
authorized admission or stay for an H-lB nonimmigrant. However, as provided by 8 C .F.R. 
§ 214.2(h)(13)(iii)(A), time spent outside the United States does not necessarily count when 
calculating the end-date of that six-year period. 
Section 106 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21 ), as 
amended by the 21st Century Department of Justice Appropriations Authorization Act (DOJ21 ), 
removes the six-year limitation on the authorized period of stay in H-lB visa status for certain 
individuals and broadens the class ofH-lB nonimmigrants who may take advantage of this provision. 1 
1 Under the original AC21 statute, only those with a particular employment-based immigrant petition or an application for 
lawful permanent residence (LPR) that was filed for 365 days or more could receive one-year extensions until a decision 
was make on their LPR status application . DOJ21 expanded the exemption to the six-year limit to those who have a 
permanent labor certification or a qualifying employment-based petition filed for 365 days or more. 
The exemption to the six-year limit under section l 06( a) of AC2 l is available for certain individuals 
whose ETA Form 9089, Application for Permanent Employment Certification (labor certification) or 
corresponding immigrant petitions remain undecided due to lengthy adjudication delays. 
After the Petitioner filed the petition, the U.S. Department of Labor's Office of Foreign Labor 
Certification denied the pending labor certification that afforded the Beneficiary an exemption from 
the six-year limit. As a result, the Director granted the Petitioner's request for a shorter period than it 
sought without considering the relevant exemption. However, on appeal the Petitioner offers evidence 
that it filed to contest the decision denying the labor certification and that action remains in a pending 
state. Since the Petitioner provides further clarification on appeal, a remand is warranted in this case 
because it is material to the claim of whether it has sufficiently demonstrated that the Beneficiary is 
eligible for the exemption under section 106(a) of AC21. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis 
2