H-1B Dismissed — Education (2017): did not establish was not eligible for an H-1B extension

Decision Summary

The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year maximum period. To qualify for an extension under the American Competitiveness in the Twenty-First Century Act (AC21), the beneficiary's labor certification needed to have been pending for at least 365 days before the six-year limit was reached, a condition which was not met.

Criteria Discussed

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