Dismissed
H-1B
H-1B Dismissed — Education (2017): did not establish it was exempt from the H-1B numerical cap
Decision Summary
The appeal was dismissed because the petitioner, a non-profit charter school, failed to prove it was exempt from the H-1B numerical cap. The petitioner did not establish that it was sufficiently related to or affiliated with an institution of higher education, as its agreement with a university was limited to student teaching internships and did not demonstrate shared ownership, control, or operation by the university.
Criteria Discussed
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Shared Ownership Or Control Operation By An Institution Of Higher Education Attachment As A Member, Branch, Cooperative, Or Subsidiary
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →