remanded H-1B Case: Market Research

U.S. Citizenship 
and Immigration 
Services 
MATTER OF U-P- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 28, 2015 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a shoe manufacturer, seeks to employ the Beneficiary as a market research analyst and 
to classify her as a nonimmigrant worker in a specialty occupation. See Immigration and Nationality 
Act (the Act) § 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1101 ( a)(15)(H)(i)(b ). The Director, Vermont Service Center, initially approved the petition. Upon 
subsequent review of the record, the Director issued a notice of intent to deny the approval of the 
petition, and ultimately denied the petition. The matter is now before us on appeal. 
There are specific standards for revoking the approval of a nonimmigrant visa petition. See, e.g., 
8 C.F.R. § 214.2(h)(l1). Once the Director contemplates reversing the decision on an approved 
nonimmigrant petition, the proper course of action is to send the petitioner a notice of intent to 
revoke the petition - rather than as here, an intention to deny the petition. If a petitioner does not 
overcome the grounds for revocation, the Director may revoke the petition (not deny the petition). 
We hereby withdraw the Director's decision. The matter will be remanded to the Director for 
further review in accordance with this decision. 
ORDER: The matter is remanded to the Director, Vermont Service Center, for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision. 
Cite as Matter of U-P- Inc., ID# 14236 (AAO Oct. 28, 2015)