Dismissed
H-1B
H-1B Dismissed — Education (2016): did not establish its eligibility for an exemption from the
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
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Employment At A Nonprofit Research Organization Employment At A Governmental Research Organization Beneficiary With A U.S. Master'S Or Higher Degree
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