H-1B Dismissed — Conflict Resolution (2016): did not establish it was exempt from the H-1B numerical cap

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it was exempt from the H-1B numerical cap. The petitioner claimed to be a 'nonprofit research organization' but did not submit sufficient evidence to prove it was 'primarily engaged in basic research and/or applied research' as required by regulation. The petitioner did not document what portion of its time and resources were dedicated to research versus its other community and mediation services.

Criteria Discussed

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