Remanded
H-1B
H-1B Remanded — Behavior Analysis (2024): the Director's decision to dismiss the motion to reopen and
Decision Summary
The Director's decision to dismiss the motion to reopen and reconsider was withdrawn because it failed to address the evidence and claims with specificity and did not provide a proper explanation. This procedural error deprived the petitioner of a fair opportunity to appeal and inhibited a meaningful review. The matter was remanded for the Director to properly review all evidence and issue a new decision on the petitioner's H-1B cap exemption eligibility.
Criteria Discussed
H-1B Cap Exemption Third-Party Petitioner Affiliation With A Qualifying Institution Duties Furthering The Purpose Of A Qualifying Institution Majority Of Work Time At A Qualifying Institution
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →