H-1B Dismissed — Information Technology (2019): the petition was not properly filed with the correct fee

Decision Summary

The appeal was dismissed because the petition was not properly filed with the correct fee. The petitioner paid a reduced ACWIA fee intended for employers with 25 or fewer employees, but the AAO determined that when counting the employees of its affiliate companies, the petitioner exceeded this threshold. This filing deficiency could not be corrected after the fact, mandating the dismissal.

Criteria Discussed

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