H-1B Dismissed — Medicine (2020): did not establish the Beneficiary was eligible for the H-1B

Decision Summary

The appeal was dismissed because the Petitioner failed to establish the Beneficiary was eligible for the H-1B numerical cap exemption based on a U.S. master's degree. The Petitioner did not prove the university was a qualifying non-profit or public institution and subsequently failed to resolve discrepancies after attempting to change the basis for the exemption post-filing. The AAO determined that eligibility must be established at the time of filing and material changes cannot be made to a deficient petition.

Criteria Discussed

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