H-1B Dismissed — Information Technology (2020): the petitioner provided inconsistent information regarding

Decision Summary

The appeal was dismissed because the petitioner provided inconsistent information regarding its total number of employees, stating 596 on the initial form and later 441 in response to an RFE. The petitioner failed to resolve this discrepancy with credible evidence, and therefore did not meet its burden of proof to establish that it was exempt from the required fee for companies with 50 or more employees where over 50% are in H-1B or L-1 status.

Criteria Discussed

Sign up free to download the original PDF