H-1B Dismissed — Information Technology (2021): the beneficiary 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 under the American Competitiveness in the Twenty-First Century Act (AC21). The AAO concluded that AC21 provisions only apply to individuals who have previously held H-1B status. Since the beneficiary had only been in L-1A status and never H-1B, he could not be granted an extension of H-1B status.

Criteria Discussed

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