“9 FAM 41.53 N2.2 Approved Petition Is Prima Facie Evidence of Entitlement to H Classification (CT:VISA-1539; 09-24-2010)
a. An approved Form I-129, Petition for a Nonimmigrant Worker, or evidence that the H petition has been approved (an acceptable Form I-797, Notice of Action (see 9 FAM 41.53 N8.1 below), or telegraphic email, or telephonic notification from Department of Homeland Security (DHS) or the Department is, in itself, to be considered by you as prima facie evidence that the requirements for H classification which are examined in the petition process have been met. You do not have the authority to question the approval of H petitions without specific evidence, unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status. The large majority of approved H petitions are valid, and involve bona fide establishments, relationships, and individual qualifications that conform to the DHS regulations in effect at the time the H petition was filed.
b. On the other hand, the approval of a petition by DHS does not relieve the U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 41.53 Notes Page 3 of 41 alien of the burden of establishing visa eligibility in the course of which questions may arise as to his or her eligibility to H classification. If information develops during the visa interview (e.g., evidence which was not available to DHS) that gives you reason to believe that the beneficiary may not be entitled to status, you may request any additional evidence which bears a reasonable relationship to this issue. Disagreement with DHS interpretation of the law or the facts, however, is not sufficient
reason to ask DHS to reconsider its approval of the petition.”
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