H-1B Dismissed — Mental Health (2016): did not establish it was exempt from the H-1B numerical cap

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it was exempt from the H-1B numerical cap. The petitioner claimed to be a nonprofit entity affiliated with an institution of higher education, but the evidence, consisting of agreements to host students for clinical experience, did not prove the required level of affiliation through shared ownership, control, or being a member, branch, cooperative, or subsidiary.

Criteria Discussed

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