H-1B Dismissed — Information Technology (2017): the beneficiary was not exempt from the H-1B cap

Decision Summary

The appeal was dismissed because the beneficiary was not exempt from the H-1B cap. Although a previous H-1B petition was approved for the beneficiary, he never obtained a visa or entered the U.S. to acquire H-1B status. The prior petition was subsequently revoked, and the associated visa number was returned to the cap pool, meaning the beneficiary was never officially 'counted' against the cap.

Criteria Discussed

Sign up free to download the original PDF