dismissed
H-1B
dismissed H-1B Case: Law
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Decision Summary
The petition was denied because the petitioner failed to establish eligibility for an H-1B cap exemption. While the AAO found the petitioner qualified as a nonprofit organization, it did not prove that it is primarily engaged in basic or applied research as required by regulation. Therefore, the beneficiary was not eligible for the claimed cap exemption as an employee of a nonprofit research organization.
Criteria Discussed
H-1B Cap Exemption Nonprofit Research Organization Primarily Engaged In Basic Or Applied Research Tax-Exempt Status
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