sustained
H-1B
sustained H-1B Case: Medicine
Decision Summary
The appeal was sustained because the AAO found that extenuating circumstances excused the beneficiary's failure to complete his three-year employment contract with a previous employer. The prior employer had breached the contract and violated the Labor Condition Application (LCA) by unilaterally reducing the beneficiary's salary, which justified the early termination and allowed the new petition to be approved.
Criteria Discussed
Extenuating Circumstances For Early Termination Of Employment J-1 Waiver 2-Year Home Country Residence Requirement 3-Year Employment Requirement In A Designated Shortage Area Hardship To The Alien Labor Condition Application (Lca) Violation
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