sustained H-1B Case: Education

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

Sign up free to download the original PDF