remanded H-1B Case: Education

U.S. Citizenship 
and Immigration 
Services 
In Re: 16919651 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: July 6, 2021 
The Petitioner , a charter school , seeks to temporarily employ the Beneficiary as a "middle school 
teacher" under the H-1 B nonimmigrant classification for specialty occupations. 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 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 Director of the California Service Center approved the petition with a limited validity period . The 
Director concluded that the record does not establish that the Beneficiary possesses a license to 
practice in the occupational category for the validity period requested . On appeal , the Petitioner asserts 
that the Director erred in the decision and submits additional evidence . 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 1 
We review the questions in this matter de novo.2 Upon de nova review , we will remand the petition . 
Section 214(i)(2)(A) of the Act, 8 U.S.C. § 1184(i)(2)(A) , requires an individual applying for 
classification as an H-lB nonimmigrant worker to possess "full state licensure to practice in the 
occupation , if such licensure is required to practice in the occupation. " 8 C.F.R. 
§ 214.2(h)(4)(iii)(C)(3) . Under 8 C.F.R. § 214.2(h)(4)(v)(E) , the validity period of an approved 
petition may be limited where the Beneficiary only has a temporary license. 
The Petitioner filed the instant petition requesting a validity period of March 1, 2021 to February 28, 
2024. The Director approved the instant petition with a limited validity period of February 28, 2022 
after finding that the Beneficiary has a "temporary /restricted " California state teaching licensure that 
is valid only until June 1, 2021. Pursuant to 8 C.F.R. § 214.2(h)(4)(v)(E), the Director determined that 
the petition approval must be limited to a year from the validity period start date. 
1 Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
On appeal, the Petitioner asserts that the Director erred in limiting the validity date of the petition 
approval. Specifically, the Petitioner asserts that the Beneficiary meets applicable California teaching 
licensure law allowing teachers previously "employed by charter schools during the 2019-20 school 
year ... until July 1, 2025, to obtain the certificate required for the teacher's certificated assignment." 3 
In support of this assertion, the Petitioner provides evidence of its status as a charter school, a copy of 
a receipt showing the Beneficiary submitted a teaching certification renewal application, excerpts from 
the California Education Code, and a letter froml I Office of Education verifying the 
credential exemption until 2025. 
Because the new evidence is directly relevant to the Director's ground for limiting the validity period 
of the approved petition, we will remand the matter for farther consideration. Upon remand, the 
Director should consider the new evidence submitted relevant to the Petitioner's status as a charter 
school, California teacher licensing requirements, and the Beneficiary's qualifications, along with 
evidence the Petitioner previously submitted, to determine the appropriate validity period for the 
approved Petition. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
3 Cal. Educ. Code§ 47605.4(a) 
2