H-1B Sustained — Internet Technology (2006): the director initially denied the petition because the

Decision Summary

The director initially denied the petition because the beneficiary's labor certification had not been pending for 365 days at the time the H-1B extension petition was filed. The AAO sustained the appeal, citing a policy memorandum clarifying that under the American Competitiveness in the Twenty-First Century Act (AC21), the labor certification only needs to have been pending for 365 days prior to the start date of the proposed employment, which was the case for the beneficiary.

Criteria Discussed

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