H-1B Remanded — Unknown (2024): the Director improperly denied the H-1B petition based on

Decision Summary

The appeal was remanded because the Director improperly denied the H-1B petition based on the beneficiary's alleged external conduct (acting as CFO for another entity in a fraudulent petition for his wife). The AAO determined that the Director failed to sufficiently connect the beneficiary's actions to the petitioner's job offer to conclude it was not bona fide. The matter was sent back for further development of the record and a new decision on the H-1B petition's eligibility.

Criteria Discussed

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