H-1B Dismissed — Unknown (2022): did not establish the beneficiary was exempt from the H-1B

Decision Summary

The appeal was dismissed because the petitioner failed to prove that the beneficiary was exempt from the H-1B numerical cap. The beneficiary's original cap-subject petition was revoked due to fraud, and the petitioner did not provide sufficient evidence to demonstrate that a different, subsequent petition had been filed as cap-subject, which would be required for the current petition to be considered cap-exempt.

Criteria Discussed

Sign up free to download the original PDF