Sustained
H-1B
H-1B Sustained — Unknown (2020): the AAO found the petitioner had a legitimate business need
Decision Summary
The appeal was sustained because the AAO found the petitioner had a legitimate business need to file a second petition after a common carrier could not confirm delivery of the first. The petitioner also attempted to withdraw one of the duplicative petitions prior to the Director's denial, making the prohibition on multiple filings inapplicable. The AAO also overturned the Director's finding that the position was not a specialty occupation.
Criteria Discussed
Multiple H-1B Filings (8 C.F.R. § 214.2(H)(2)(I)(G)) Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A))
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