H-1B Sustained — Information Technology (2006): the director improperly introduced a ground for revocation

Decision Summary

The appeal was sustained because the director improperly introduced a ground for revocation (lack of employer/employee relationship) that was not in the original Notice of Intent to Revoke (NOIR). Additionally, the petitioner successfully proved that the beneficiary's reduced earnings were due to documented absences from the United States, not a failure to pay the required wage, thereby refuting the director's initial concern about non-compliance with the Labor Condition Application (LCA).

Criteria Discussed

Sign up free to download the original PDF