H-1B Dismissed — Information Technology (2024): did not establish the beneficiary was exempt from the H-1B

Decision Summary

The appeal was dismissed because the petitioner did not establish that the beneficiary was exempt from the H-1B numerical cap. The director determined the beneficiary's initial H-1B petition was approved in error because her master's degree was from a for-profit school, not a qualifying 'U.S. institution of higher education' as required for the master's cap exemption. The petitioner failed to address this issue in response to the Notice of Intent to Deny, and the AAO declined to consider new arguments on appeal.

Criteria Discussed

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