remanded
H-1B
remanded H-1B Case: Unknown
Decision Summary
Upon further review of the record, the AAO reopened the proceeding on its own motion. The office withdrew its prior decision dismissing the appeal and remanded the matter to the Director to reevaluate the petitioner's eligibility for H-1B classification.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: JAN. 18, 2024 In Re: 31798074 Service Motion on Administrative Appeals Office Decision Form 1-129, Petition for a Nonimmigrant Worker (H-lB) The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(B), 8 U.S.C. ยง l 10l(a)(l5)(H)(i)(b) . The Director of the Vermont Service Center revoked the Form 1-129, Petition for a Nonimmigrant Worker, and we dismissed the Petitioner's subsequent appeal. Upon further review of the record, we hereby reopen the proceeding, withdraw our prior decision, and remand the matter to the Director to reevaluate the Petitioner 's eligibility for H-lB nonimmigrant classification under section 10l(a)(l5)(H)(i)(b) of the Act. 8 C.F.R. ยง 103.5(a)(5). ORDER: Our prior decision is withdrawn. The matter is remanded for the entry of a new decision consistent with the foregoing.
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