H-1B Dismissed — Pharmaceuticals (2020): the beneficiary did not qualify for an exemption from the

Decision Summary

The appeal was dismissed because the beneficiary did not qualify for an exemption from the H-1B cap. A prior H-1B petition filed by another employer was withdrawn, leading to an immediate and automatic revocation. This meant the beneficiary was never granted H-1B status and the associated visa number was considered unused, therefore the beneficiary was not 'counted against the cap' and remained subject to it.

Criteria Discussed

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