H-1B Remanded — Automotive Design (2024): the Director approved the H-1B petition for a shorter

Decision Summary

The Director approved the H-1B petition for a shorter duration than requested because the beneficiary's underlying labor certification, which is required for an extension beyond the six-year limit, had been denied. The case was remanded because the petitioner demonstrated on appeal that the denial of the labor certification was being contested and the action was still pending, which is material to determining the beneficiary's eligibility for the full extension period sought.

Criteria Discussed

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