H-1B Sustained — Automotive Engineering (2005): the director misinterpreted evidence concerning the

Decision Summary

The appeal was sustained because the director misinterpreted evidence concerning the beneficiary's labor certification application. The director concluded the application was denied, but the AAO found it was still pending, as a denial of a 'reduction in recruitment' request was not a denial of the overall application. Because the labor certification had been pending for over 365 days, the beneficiary was eligible for an H-1B extension beyond the six-year limit under AC21.

Criteria Discussed

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