H-1B Dismissed — Medicine (2017): did not establish it was exempt from the H-1B numerical cap

Decision Summary

The appeal was dismissed because the petitioner, a non-profit health care center, failed to demonstrate it was exempt from the H-1B numerical cap. The petitioner argued it was affiliated with an institution of higher education, but the submitted educational agreement did not establish the required shared ownership, control, or operation by the university needed to qualify for the exemption.

Criteria Discussed

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