remanded
H-1B
remanded H-1B Case: Unknown
Decision Summary
After initially dismissing the petitioner's appeal of a revocation, the AAO reopened the proceeding on a service motion. The office withdrew its prior decision and remanded the case back to the Director for a new evaluation of the petitioner's eligibility for the 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: JUL. 02, 2024 In Re: 34205953 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 110l(a)(l5)(H)(i)(b) . The Director of the Nebraska Service Center revoked the approval of the Form 1-129, Petition for a Nonirnrnigrant 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 101(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 ORDER: Our prior decision is withdrawn.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.
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