H-1B Dismissed — Education (2017): did not establish it qualified for an H-1B cap exemption

Decision Summary

The appeal was dismissed because the petitioner, a public school system, failed to establish it qualified for an H-1B cap exemption. The petitioner had inconsistently identified itself as both 'cap exempt' and 'cap subject' in past filings, which justified the Director's request for current evidence of its affiliation with an institution of higher education. The petitioner did not provide the requested evidence, leading to the denial and subsequent dismissal of the appeal.

Criteria Discussed

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