H-1B Dismissed — Information Technology (2020): did not establish the beneficiary was exempt from the

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary was exempt from the annual H-1B numerical cap. The beneficiary's initial H-1B was erroneously approved under the master's cap exemption because the U.S. university that granted her degree was not a public or nonprofit institution as required. Since the beneficiary was never properly counted against the cap, the current petition is subject to the numerical limitation and was denied as it was filed after the cap for the fiscal year had been reached.

Criteria Discussed

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