remanded
H-1B
remanded H-1B Case: It Consulting
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Decision Summary
The appeal was remanded because the Director's decision to revoke the H-1B petition was not adequately explained. The Director concluded that a change in the beneficiary's end-client resulted in a material change in job duties but failed to specify how or why these changes were material. The AAO found that without a clear explanation, the revocation was unsupported and remanded the case for a new decision with proper analysis.
Criteria Discussed
Revocation For Beneficiary No Longer Employed In Specified Capacity (8 C.F.R. § 214.2(H)(11)(Iii)(A)(1)) Material Change In Terms And Conditions Of Employment Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
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