H-1B Remanded — Education (2015): the director initially denied the petition for failure to

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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