H-1B Dismissed — Education (2016): did not establish it qualified for an exemption from the

Decision Summary

The appeal was dismissed because the petitioner failed to prove it qualified for an exemption from the H-1B cap. The petitioner, a public school system, claimed affiliation with an institution of higher education but did not provide sufficient evidence, such as contracts or memorandums, to establish the required relationship, specifically shared ownership or control by the same board or federation.

Criteria Discussed

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