H-1B Dismissed — Information Technology (2015): did not establish the beneficiary qualified for the H-1B

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary qualified for the H-1B cap exemption for holders of a U.S. master's degree. The law requires the degree-granting institution to be a public or non-profit entity, but the evidence indicated the beneficiary's university was a for-profit institution, rendering him ineligible for the exemption.

Criteria Discussed

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