H-1B Dismissed — Software Engineering (2015): did not establish the beneficiary qualified for the H-1B

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary qualified for the H-1B master's cap exemption. To qualify, the beneficiary's degree must be from a U.S. institution of higher education, which is defined by law as a public or non-profit institution. The beneficiary's degree was from a private, for-profit university, making him ineligible for the exemption, and the petition was denied as the H-1B cap had already been reached.

Criteria Discussed

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