remanded H-1B

remanded H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

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Decision Summary

The AAO agreed with the Director that the petition was properly denied because the petitioner and a related company submitted multiple H-1B registrations for the same beneficiary to unfairly increase selection chances, failing to establish a legitimate business need for each filing. However, the case was remanded because the Director did not sufficiently articulate the basis for the additional finding of fraud, requiring a new decision on that specific point.

Criteria Discussed

H-1B Registration Requirement Multiple Registrations By Related Entities Legitimate Business Need Attestation Against Unfair Selection Advantage Finding Of Fraud Material Misrepresentation

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