H-1B Dismissed — Data Science (2021): the petitioner violated the regulation prohibiting the

Decision Summary

The appeal was dismissed because the petitioner violated the regulation prohibiting the filing of multiple H-1B cap petitions for the same beneficiary in the same fiscal year. The petitioner's claim of an administrative error did not constitute a 'legitimate business need' to excuse the duplicate filings, and the subsequent attempt to withdraw one petition did not absolve the violation, which requires the revocation of all such petitions.

Criteria Discussed

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