Dismissed
H-1B
H-1B Dismissed — Not Specified (2023): did not establish the beneficiary was exempt from the H-1B
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was exempt from the H-1B numerical cap. The beneficiary's master's degree did not qualify for the exemption because it was issued by a for-profit institution, which does not meet the statutory definition of a 'United States institution of higher education.' The petitioner's equitable arguments for nunc pro tunc processing were rejected as the AAO lacks the authority to grant an immigration benefit in contradiction to statutory requirements.
Criteria Discussed
H-1B Numerical Limitations (Cap) Master'S Cap Exemption Definition Of U.S. Institution Of Higher Education Accreditation Of Degree-Granting Institution
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