H-1B Dismissed — Software Development (2020): the beneficiary's initial H-1B petition was incorrectly

Decision Summary

The appeal was dismissed because the beneficiary's initial H-1B petition was incorrectly approved under the master's cap exemption, as his degree was from a for-profit university. This type of institution does not meet the statutory definition of a 'U.S. institution of higher education' for cap exemption purposes. Since the beneficiary was never properly counted against the annual H-1B cap and the cap for the relevant fiscal year was closed, the petition for extension was denied.

Criteria Discussed

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