H-1B Remanded — Technology Consulting (2021): the Director based the denial on derogatory information

Decision Summary

The case was remanded because the Director based the denial on derogatory information about the petitioner's address without providing the petitioner an opportunity to rebut it, which is a procedural error. The AAO also found the record did not sufficiently establish the nature of the petitioner's business or resolve discrepancies between the proffered job duties and the 'Graphic Designer' occupational category on the Labor Condition Application (LCA).

Criteria Discussed

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