H-1B Dismissed — Software Development (2017): the petitioner filed two separate H-1B petitions for the

Decision Summary

The appeal was dismissed because the petitioner filed two separate H-1B petitions for the same beneficiary in the same fiscal year, which is a violation of 8 C.F.R. § 214.2(h)(2)(i)(G). The petitioner's claim that this was a clerical error and that one petition was intended for a different individual was rejected, as both submitted Form I-129 documents identified the same beneficiary.

Criteria Discussed

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