H-1B Remanded — Education (2016): the AAO found a more fundamental, unresolved issue

Decision Summary

The appeal was remanded because the AAO found a more fundamental, unresolved issue regarding the petitioner's qualification for an H-1B cap exemption. While the Director denied the petition based on the beneficiary's qualifications, the AAO determined the record did not sufficiently establish that the petitioner, a charter school, was a 'related or affiliated nonprofit entity' to an institution of higher education, and sent the case back for further review of this issue.

Criteria Discussed

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