dismissed H-1B Case: Education
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Decision Summary
The appeal was dismissed because the petitioner failed to prove its eligibility for an exemption from the annual H-1B numerical cap. The petitioner, a school, claimed it was affiliated with a university through a contract, but the AAO determined this relationship did not meet the specific regulatory definition of an 'affiliated or related nonprofit entity,' which requires shared ownership, control, or a formal structural attachment like being a member or branch.
Criteria Discussed
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