H-1B Remanded — Unknown (2022): the Director used an incorrect legal basis to revoke the

Decision Summary

The appeal was remanded because the Director used an incorrect legal basis to revoke the previously approved H-1B petition. The Director cited a regulation concerning dishonored filing fee checks, rather than one of the five specific grounds required for an H-1B revocation on notice. The AAO withdrew the Director's decision and sent the case back for a new decision to be made under the correct procedural framework.

Criteria Discussed

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