remanded H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-S-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 27, 2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development and information technology consulting company, seeks to 
employ the Beneficiary as a "systems analyst" under the H-1B nonimmigrant classification for 
specialty occupation. See Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b), 
8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1B program allows a U.S. employer to temporarily employ 
a qualified foreign worker in a position that requires both (a) the theoretical and practical application 
of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in 
the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director, Vermont Service Center, initially approved the petition. Based on information 
obtained through a post adjudicative site visit, the Director found that the details of the Beneficiary's 
employment, as set forth in the petition, could not be verified. A notice of intent to revoke (NOIR) 
the petition was issued on February 27, 2015, which afforded the Petitioner 33 days to submit 
evidence to overcome the basis for revocation. The Director revoked the Petition's approval on 
January 26, 2016, citing the Petitioner's failure to respond to the NOIR. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that it never received the NOIR. 
I. REVOCATION 
U.S. Citizenship and Immigration Services (USCIS) may revoke the approval of an H-1 B petition, 
on notice and an opportunity to rebut, pursuant to 8 C.F.R. § 214.2(h)(11)(iii), which states the 
following: 
(A) Grounds for revocation. The director shall send to the petitioner a notice of 
intent to revoke the petition in relevant part if he or she finds that: 
(I) The beneficiary is no longer employed by the petitioner in the capacity 
specified in the petition, or if the beneficiary is no longer receiving training as 
specified in the petition; or 
Matter of C-S-, Inc. 
(2) The statement of facts contained in the petition was not true and correct, 
inaccurate, fraudulent, or misrepresented a material fact; or 
(3) The petitioner violated terms and conditions of the approved petition; or 
(4) The petitioner violated requirements of section 101(a)(15)(H) of the Act or 
paragraph (h) of this section; or 
(5) The approval of the petition violated paragraph (h) of this section or involved 
gross error. 
(B) Notice and decision. The notice of intent to revoke shall contain a detailed 
statement of the grounds for the revocation and the time period allowed for the 
petitioner's rebuttal. The petitioner may submit evidence in rebuttal within 30 
days of receipt of the notice. The director shall consider all relevant evidence 
presented in deciding whether to revoke the petition in whole or in part. If the 
petition is revoked in part, the remainder of the petition shall remain approved 
and a revised approval notice shall be sent to the petitioner with the revocation 
notice. 
II. DISCUSSION 
The record demonstrates that the NOIR was mailed to the Petitioner's former counsel, with a 
courtesy copy sent to the Petitioner at its former address. The Petitioner asserts that it never received 
the NOIR, noting that the attorney to whom the NOIR was mailed no longer represented the 
Petitioner at the time, and further noting that the courtesy copy of the NOIR was sent to the wrong 
address. The Petitioner further notes that the Director's decision, issued on January 26, 2016, was 
also mailed to the wrong address, and was returned to USCIS as undeliverable, thereby supporting 
the Petitioner's assertions that the NOIR was never received. 
Upon review, we find sufficient indication in the record of proceedings that the Petitioner did not 
receive the NOIR. Thus, the Petitioner must be afforded an opportunity to review and to attempt to 
rebut the grounds for revocation set forth in the NOIR. Accordingly, we will withdraw the 
Director's decision to revoke the approval of the petition. The matter will be remanded to the 
Director for reissuance of the NOIR to the Petitioner. 1 
1 As an administrative note regarding where to send the NOIR, the Director should note the Petitioner's correct address 
as set forth on the Form G-28 dated February 25, 2016. The Director should also note the attorney who has entered his 
appearance on appeal is a different attorney than the one who had represented the Petitioner prior to the entry of the 
Director's decision to revoke the approval of the petition approval. 
2 
Matter of C-S-, Inc. 
ORDER: The decision of the Director, Vermont Service Center, is withdrawn. The matter is 
remanded to the Director, Vermont Service Center, for further proceedings consistent 
with the foregoing opi~ion and for the entry of a new decision. 
Cite as Matter ofC-S-, Inc., ID# 12399 (AAO Oct. 27, 2016) 
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