H-1B Sustained — Education (2007): the director initially denied the petition, finding that

Decision Summary

The director initially denied the petition, finding that the petitioner, an employment contractor for teachers, had not established that the position was a specialty occupation or that a valid contract existed for the requested period. On appeal, the petitioner provided updated contracts covering the employment dates and sufficient evidence demonstrating its role as a direct employer and that the beneficiary's duties as a science teacher qualified the position as a specialty occupation. The appeal was sustained because the new evidence overcame the director's initial findings.

Criteria Discussed

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