H-1B Dismissed — Unknown (2022): the petitioner filed two cap-subject H-1B petitions for the

Decision Summary

The appeal was dismissed because the petitioner filed two cap-subject H-1B petitions for the same beneficiary within the same fiscal year, violating the general prohibition at 8 C.F.R. § 214.2(h)(2)(i)(G). The petitioner's contradictory explanations for the duplicate filing were deemed not credible, and the AAO affirmed that a single employer may not file more than one cap-subject petition for the same beneficiary in a fiscal year.

Criteria Discussed

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