remanded H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 26, 2023 In Re: 28786695 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
The Petitioner seeks to amend and extend a petition to employ the Beneficiary under the H-lB 
nonimmigrant 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 Texas Service Center denied the petition. The matter is now before us on appeal. 
8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter ofChristo 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de novo review, we will withdraw the Director's decision and remand the matter for entry of a 
new decision. The Petitioner submitted sufficient information with this appeal to establish that the 
Beneficiary is not a U.S. lawful permanent resident. 1 So we remand this matter to the Director to 
adjudicate the instant petition on the merits. The Director may request any additional evidence 
considered pertinent to the new determination and any other applicable relevant issue. We express no 
opinion regarding the ultimate resolution of this matter on remand. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
1 A review of USCIS records reflects the "A" number contained on the USCIS Form I-797, Notice of Action, Approval 
Notice for the USCIS Form I-140, Immigrant Petition for Alien Worker, approved for the Petitioner on behalf of the 
Beneficiary does not relate to the Beneficiary but to a different individual.