remanded H-1B Case: Education
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Decision Summary
The director initially denied the petition for failure to comply with the terms of previously approved employment. The AAO, however, remanded the case for a different reason, identifying that the petitioner had not established its eligibility for an H-1B cap exemption as a nonprofit entity related to or affiliated with an institution of higher education. This issue was deemed fundamental and required the director to issue a new decision addressing this point.
Criteria Discussed
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