H-1B Dismissed — Education (2015): did not establish the beneficiary was eligible for an H-1B

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the beneficiary was eligible for an H-1B extension beyond the six-year limit under the provisions of AC21. Specifically, the petitioner did not show that a labor certification application or immigrant petition had been pending for 365 days or more at the time of filing, as required by section 106(a) of AC21. The petitioner also did not establish eligibility under section 104(c) of AC21.

Criteria Discussed

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