H-1B Dismissed — Not Specified (2023): the petitioner filed two H-1B cap-subject petitions for the

Decision Summary

The appeal was dismissed because the petitioner filed two H-1B cap-subject petitions for the same beneficiary in the same fiscal year, which is prohibited by regulation 8 C.F.R. § 214.2(h)(2)(i)(G). The petitioner's claim that the duplicate filing was an inadvertent error did not constitute a 'legitimate business need' to excuse the filing, thus mandating denial.

Criteria Discussed

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