remanded
H-1B
remanded H-1B Case: Computer Science
Decision Summary
The Director's decision to revoke the petition was based on significant factual errors, including incorrect information about the employment dates, salary, work location, and end-client. The AAO remanded the matter for the Director to re-analyze the wage issue based on a correct recitation of the facts and issue a new decision.
Criteria Discussed
Payment Of Proffered Wage
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office MATTER OF C-T-S-US CORP. DATE: JUNE 15,2016 APPEAL OF VERMONT SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a computer and software consultancy, seeks to extend the Beneficiary's temporary employment as a systems analyst under the H-1B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. Β§ 1101(a)(15)(H)(i)(b). The H-1B program allows a U.S. employer 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 bachelorΒ· s or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. The Director. Vermont Service Center. revoked the approval of the visa petition. The Director concluded that the Petitioner violated the terms and conditions of the approved petition by not paying the proffered wage. The matter is now before us on appeal. Upon de novo review, we will remand the appeal. The Director's decision contains statements that do not pertain to this petition. For example. the Director stated that the visa petition '"was approved to employ the Beneficiary from May 7. 2013 to May 6, 2014 at an annual salary of $75,878." That statement is incorrect. The decision also references an administrative site visit but provides incorrect information regarding the date. work location, and the end-client. Therefore. we will remand the matter for the Director to analyze the wage issue based on a correct recitation of the facts. including but not limited to. the period of requested employment, place of employment, and the proffered wage. ORDER: The decision of the Director. Vermont Service Center, is withdrawn. The matter is remanded to the Director. Vermont Service Center, for further proceedings consistent with the foregoing opinion and for the entry of a new decision. Cite as Afatter ofC-T-S-US Corp .. ID# 16719 (AAO June 15, 2016)
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