H-1B Dismissed — Business (2016): the petitioner and its affiliate failed to demonstrate a

Decision Summary

The appeal was dismissed because the petitioner and its affiliate failed to demonstrate a legitimate business need to file more than one H-1B petition for the same beneficiary. Although the petitioner asserted the companies provide different services, both H-1B petitions contained the exact same job duties, failing to establish that the beneficiary was offered two distinct employment opportunities.

Criteria Discussed

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