H-1B Dismissed — Software Development (2016): did not establish the beneficiary qualified for an H-1B cap

Decision Summary

The appeal was dismissed because the petitioner, a for-profit company, failed to establish that the beneficiary qualified for an H-1B cap exemption. The petitioner argued the beneficiary's work supported non-profit clients who were part of institutions of higher education, but the AAO determined that because the beneficiary would work exclusively at the petitioner's for-profit office, the statutory requirement of being employed 'at' a qualifying institution was not met.

Criteria Discussed

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