H-1B Dismissed — Healthcare (2015): did not establish it was exempt from the annual H-1B

Decision Summary

The appeal was dismissed because the petitioner, a hospital, failed to prove it was exempt from the annual H-1B numerical cap. The petitioner did not submit sufficient evidence to establish it was a nonprofit entity related to or affiliated with an institution of higher education. Beyond the cap issue, the AAO also found that the petitioner failed to establish that the proffered position of Operations Research Analyst qualified as a specialty occupation.

Criteria Discussed

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