H-1B Dismissed — Ceramics Manufacturing (2005): did not establish the beneficiary was eligible for an H-1B

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary was eligible for an H-1B extension beyond the standard six-year limit. The petitioner did not provide sufficient evidence to demonstrate that a qualifying labor certification (Form ETA-750) or immigrant petition (Form I-140) had been pending for the required 365 days as stipulated by the American Competitiveness in the Twenty-First Century Act (AC-21).

Criteria Discussed

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