remanded H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 21125483 
Appeal of Nebraska Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 18, 2022 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimrnigrant classification 
for specialty occupations . See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 
8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S . employer to temporarily employ a 
qualified foreign worker in a position that requires both: (a) the theoretical and practical application 
of a body of highly specialized knowledge; and (b) the attainment of a bachelor's or higher degree in 
the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the Nebraska Service Center approved the H-lB petition but later revoked it, citing to 
8 C.F.R. § 103.2(a)(7)(ii)(D), because the Petitioner's financial institution did not honor the checks 
the Petitioner used to pay the petition's filing fees. On appeal, the Petitioner asserts that the Director 
erred in revoking the H-lB petition's approval. 
While we conduct de nova review on appeal, we conclude that a remand is warranted in this case 
because the revocation decision did not follow proper revocation procedures. Rather than citing to 
one of the revocation-on-notice criteria enumerated at 8 C .F.R. § 214.2(h)(ll)(iii)(A)(l)-(5) as the 
basis for revocation, the Director cited to 8 C.F.R. § 103.2(a)(7)(ii)(D). However, pursuant to 
8 C.F.R. § 214.2(h)(l l)(iii)(A) , an H-lB petition's approval may only be revoked on notice for one of 
the following reasons : 
(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 or on the application for a 
temporary labor certification was not true and correct, inaccurate, fraudulent, 
or misrepresented a material fact; or 
(3) The petitioner violated terms and conditions of the approved petition; or 
( 4) The petitioner violated requirements of section 101 ( a)( l 5)(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. 
The Director's NOIR and decision did not cite to any of the above subsections of 8 C.F.R. 
§ 214.2(h)(l l)(iii)(A) and instead erred by citing to 8 C.F.R. § 103.2(a)(7)(ii)(D) as the basis for 
revocation. We observe that if the Director believes the failure to reject the filing in accordance with 
8 C.F.R. § 103.2(a)(7)(ii)(D) led to the petition being approved in error, then the fifth revocation­
ground enumerated at 8 C.F.R. § 214.2(h)(ll)(iii)(A)(5) might serve as a valid basis upon which to 
revoke its approval. 
Accordingly, we are withdrawing the Director's decision to revoke the approved petition and 
remanding the matter for entry of a new decision. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
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