dismissed
H-1B
dismissed H-1B Case: Pharmaceuticals
Decision Summary
The appeal was dismissed because the petitioner failed to provide evidence that a labor certification application had been pending for 365 days or more, which is a requirement for an H-1B extension beyond the six-year limit under the AC21 Act. The petitioner's former counsel claimed a filing was made but could not locate evidence, and no documentation was submitted on appeal to support the claim. Unsupported assertions by counsel do not satisfy the petitioner's burden of proof.
Criteria Discussed
Ac21 Extension Pending Labor Certification Burden Of Proof
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