H-1B Dismissed — Research (2016): did not establish it was exempt from the H-1B numerical cap

Decision Summary

The appeal was dismissed because the petitioner failed to establish it was exempt from the H-1B numerical cap as a nonprofit research organization. The evidence provided, such as research proposals, was insufficient to prove that the organization was 'primarily engaged in basic research and/or applied research' at the time of filing, as the proposals did not demonstrate that research projects were actually in progress.

Criteria Discussed

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