remanded
H-1B
remanded H-1B Case: Software Engineering
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Decision Summary
The AAO remanded the matter because the Director's finding of fraud was procedurally deficient. The Notice of Intent to Revoke (NOIR) failed to properly put the Petitioner on notice of the intent-to-deceive element of fraud, which is a required component. Due to this shortcoming, the fraud finding was withdrawn and the case was sent back to the Director for a new decision.
Criteria Discussed
Bona Fide Position Specialty Occupation Fraud/Misrepresentation Truthfulness Of Statements In Petition Lca Correspondence With Petition
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