H-1B Dismissed — Product Marketing (2022): the beneficiary was not exempt from the H-1B numerical cap

Decision Summary

The appeal was dismissed because the beneficiary was not exempt from the H-1B numerical cap. Although a prior H-1B petition was approved for the beneficiary in 2008, it was automatically revoked because he never entered the United States to commence employment under that petition, which meant the cap number was effectively returned. Consequently, the beneficiary was not considered 'counted' against the cap for the purpose of future filings, and the current petition was correctly denied for not being subject to the annual cap.

Criteria Discussed

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