remanded H-1B

remanded H-1B Case: Computer Science

πŸ“… Date unknown πŸ‘€ Company πŸ“‚ 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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View Full Decision Text
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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