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

Decision Summary

The director initially denied the petition because the employment contract contained a clause requiring the beneficiary to cover H-1B fees, which violates a Department of Labor (DOL) regulation. The AAO sustained the appeal, reasoning that a violation of this specific DOL regulation is not a legitimate ground for denial by USCIS, as enforcement falls under DOL's jurisdiction. Additionally, the petitioner submitted a revised contract on appeal which removed the clause in question.

Criteria Discussed

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