H-1B Remanded — Software Development (2022): the Director denied the petition based on derogatory

Decision Summary

The appeal was remanded because the Director denied the petition based on derogatory information, specifically allegations of plagiarism and that the underlying project was defunct, without properly notifying the Petitioner of this information as required by regulations. This procedural error prevented the Petitioner from having a fair opportunity to rebut the adverse findings. The matter was sent back for the Director to issue a new notice of intent to deny that properly outlines the derogatory information.

Criteria Discussed

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