H-1B Dismissed — Fashion: did not establish the beneficiary was eligible for an H-1B

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was eligible for an H-1B extension beyond the six-year maximum period. The petitioner claimed eligibility under the AC21 Act, which requires a labor certification to have been pending for at least 365 days. The AAO found that the labor certification was filed less than 365 days before the beneficiary's six-year limit expired, thus making him ineligible for the extension.

Criteria Discussed

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