dismissed
H-1B
dismissed H-1B Case: Unknown
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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 The beneficiary's original cap-subject petition was revoked due to fraud, and the petitioner did not provide sufficient evidence to demonstrate that a different, subsequent petition had been filed as cap-subject, which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
H-1B Numerical Cap Exemption
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