H-1B Dismissed — Behavioral Health (2024): did not establish it was exempt from the H-1B cap and

Decision Summary

The appeal was dismissed because the Petitioner failed to demonstrate it was exempt from the H-1B cap and associated fees, as it did not prove a sufficient working relationship with an institution of higher education. Furthermore, the 'habilitation specialist' position did not qualify as a specialty occupation because the acceptance of degrees from a wide variety of unrelated fields indicated that a degree in a specific specialty was not required for the role.

Criteria Discussed

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