dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 16108411 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 4, 2021 
The Petitioner, a software development and consulting company, seeks to temporarily employ the 
Beneficiary as a "big data developer" under the H-lB nonimmigrant classification for specialty 
occupations. Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific 
specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center denied the petition, concluding that the Petitioner 
submitted multiple registrations for the Beneficiary in the same fiscal year, thus invalidating all 
registrations filed by the Petitioner on behalf of the Beneficiary. On appeal, the Petitioner contends 
that only one registration was submitted on behalf of the Beneficiary, and that the petition therefore 
should not have been denied. The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 
(AAO 2010). We review the questions in this matter de nova. See Matter of Christo's Inc., 26 I&N 
Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Before filing an H- lB cap-subject petition on behalf of a beneficiary subject to section 214(g)(l)(A) 
of the Act ("H- lB cap") or exempt under section 214(g)(5)(C) of the Act ("H- lB advanced degree 
exemption"), a petitioner must first register with the USCIS website as described at 
8 C.F.R. § 214.2(h)(8)(iii)(A)(l). The registration must be properly submitted in accordance with 
8 C.F.R. § 103.2(a)(l), 8 C.F.R. § 214.2(h)(8)(iii), and the form instructions. A petitioner may file the 
H-lB petition only after its registration for that beneficiary has been selected. 
8 C.F.R. § 214.2(h)(8)(iii)(A)(l). 
In addition, 8 C.F.R. § 214.2(h)(8)(iii)(A)(2) specifies that a petitioner may submit only one 
registration per beneficiary per fiscal year, and if a petitioner submits more than one registration per 
beneficiary per fiscal year, all registrations filed by that petitioner relating to that beneficiary for that 
fiscal year will be considered invalid. 
II. ANALYSIS 
The Petitioner filed an H-1B petition seeking exemption from the H-1B cap under the advanced degree 
exemption along with a U.S. Citizenship and Immigration Services (USCIS) receipt notice showing 
that their registration for the Beneficiary had been selected. However, because USCIS records 
established the Petitioner submitted two registrations for the Beneficiary in the same fiscal year, the 
Director issued a request for evidence (RFE) 1 explaining that the multiple registrations had rendered 
both registrations invalid, and that consequently the Petitioner lacked a valid registration to file an H-
1B cap-subject petition on behalf of the Beneficiary. The Director therefore requested evidence to 
establish: (1) that the Petitioner's H-1B registration was valid and was selected for filing; and (2) that 
they did not submit more than one registration on behalf of the Beneficiary. In response, both Counsel 
and the Petitioner asserted they only filed one registration for the Beneficiary. In addition, the 
Petitioner provided an affidavit stating that there was no other registration filed by the Petitioner or 
Beneficiary through any other company. The Director found the response insufficient and denied the 
petition. On appeal, the Petitioner submits a brief and continues to maintain that only one registration 
on behalf of the Beneficiary was submitted. In addition, the appeal includes an affidavit from both 
the Petitioner and the Beneficiary, Counsel's credit card statement to demonstrate that only one 
registration fee was charged for the Petitioner's registration, and a printout of what appears to be 
Counsel's uscis.gov registrations. 
Although we acknowledge the Petitioner has submitted additional evidence on appeal, the Petitioner 
has not submitted sufficient evidence to rebut the contents of USCIS records or persuade us that the 
registration record is incorrect. As earlier stated, USCIS records establish two registrations were 
submitted on behalf of the Petitioner for the Beneficiary in the same fiscal year. If a petitioner submits 
more than one registration per beneficiary in the same fiscal year, all registrations filed by that 
petitioner relating to that beneficiary for that fiscal year will be considered invalid. 8 C.F.R. § 
214.2(h)(8)(iii)(A)(2). As such, all of the Petitioner's registrations for the Beneficiary, including the 
selected registration, are invalid, and consequently, the Petitioner does not have a valid registration to 
file this H-1B petition. 8 C.F.R. § 214.2(h)(8)(iii)(A)(1). 
Ill. CONCLUSION 
Accordingly, the appeal will be dismissed for the above stated reasons. In visa petition proceedings, 
it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
1 The Director noted that both registrations had a slight difference. In one registration, the Beneficiary had both a first and 
middle name, while in the other registration, both the first and middle name were combined into the first name field. 
However, other information, such as the Beneficiary's date of birth and passport number, was the same. 
2