H-1B Sustained — Automotive Engineering (2005): the director incorrectly determined that the beneficiary's

Decision Summary

The appeal was sustained because the director incorrectly determined that the beneficiary's labor certification application had been denied. The AAO found that the director misinterpreted a denial of a 'reduction in recruitment' request as a denial of the entire application. Because the labor certification was, in fact, still pending, the beneficiary was eligible for an H-1B extension beyond the six-year limit under the provisions of AC21.

Criteria Discussed

Sign up free to download the original PDF