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

Decision Summary

The appeal was dismissed because the petitioner, a public school district, failed to establish it qualified for an exemption from the H-1B cap. The petitioner argued it was affiliated with an institution of higher education, but the AAO found that the specific community college cited did not meet the statutory definition of an 'institution of higher education' because it did not award bachelor's degrees or offer a 2-year program fully creditable toward such a degree.

Criteria Discussed

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