H-1B Sustained — Medicine (2007): the director denied the petition because the beneficiary, a

Decision Summary

The director denied the petition because the beneficiary, a physician on a J-1 waiver, had not completed his required three-year period of employment with a previous employer. The appeal was sustained because the petitioner provided sufficient evidence of 'extenuating circumstances,' demonstrating the previous employer created intolerable working conditions and breached the employment contract, thus justifying the early termination of employment.

Criteria Discussed

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