H-1B Dismissed — Accounting (2015): did not establish the beneficiary qualified for the H-1B

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary qualified for the H-1B Master's Cap exemption at the time of filing. The beneficiary had not yet earned his U.S. master's degree when the petition was submitted, and eligibility cannot be established based on a future event. The argument that a combination of education and experience was equivalent to a master's degree was also rejected as the statute requires an actual earned degree.

Criteria Discussed

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