remanded H-1B Case: Unknown

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W .. MS 2090 
Washington. DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: MAR 1 8 2015 OFFICE: VERMONT SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOI(a)(IS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § l lO l(a)(IS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a 
non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
�§�o� 
on Rosenberg 
Chief, Administrative Appeals Office 
www .uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Vermont Service Center, revoked the previously approved 
nonimmigrant visa petition, and the matter is now before the Administrative Appeals Office (AAO) 
on appeal. The decision of the director will be withdrawn and the record remanded for the entry of a 
new decision. 
The petitioner submitted a Petition for a Nonimmigrant Worker (F orm I-129) to the Vermont 
Service Center, seeking classification of the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to § 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. § 110l(a)(15)(H)(i)(b). The petition was initially approved; however, thereafter, the 
director issued a Notice oflntent to Revoke (NOIR) the petition's approval. Subsequently, the director 
revoked the petition's approval, citing the petitioner's failure to respond to the NOIR. On appeal, the 
petitioner states that it never received a copy of the NOIR, but acknowledges that it received the 
revocation notice. 
The regulation at 8 C.P. R. § 21 4.2(h)(11)(iii), which governs revocations that must be preceded by 
notice, states: 
(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: 
(1) 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 
(2) The statement of facts contained in the petition was not true and correct; or 
(3) The petitioner violated terms and conditions of the approved petition; or 
(4) The petitioner violated requirements of section 10 l(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. 
(Emphasis added). Thus, the director is required to send a notice of intent to revoke a petition to the 
petitioner. !d. 
(b)(6)
NON-PRECEDENT DEC�ION 
Page 3 
Further, the regulation at 8 C.F. R. § 103. 8(a)(l)(i) provides: 
Routine service consists of mailing the notice by ordinary mail addressed to the 
affected party and his or her attorney or representative of record at his or her last 
known address .... 
The revocation notice indicates that it was addressed and mailed to both the petitioner and its 
former counsel, and the petitioner acknowledges receipt of such notice. The NOIR, however, was 
only addressed to the petitioner's former counsel, and there is no indication, in the NOI R or 
elsewhere in the record, that the petitioner was furnished with a copy of it as required under 
8 C.F. R. § 1 03. 8(a)(l)(i) and 8 C.F. R. § 214.2 (h)(ll)(a). 
Therefore, the director's decision will be withdrawn and the matter will be remanded so that the 
director can properly serve the petitioner and its counsel with the NOIR, take into consideration any 
evidence submitted by the petitioner in response to the NOIR, and issue a new decision. 
ORDER: The director's decision is withdrawn. The matter is remanded to the director for 
action consistent with this decision.