Dismissed
H-1B
H-1B Dismissed — Unknown (2025): the petition was incorrectly filed as exempt from the H-1B
Decision Summary
The appeal was dismissed because the petition was incorrectly filed as exempt from the H-1B numerical cap. The beneficiary's original cap-subject petition had been revoked due to a finding of fraud, thereby invalidating their 'counted' status. The petitioner failed to provide a legal basis for why the beneficiary's subsequent erroneous visa issuance and admission should override the revocation and grant cap-exempt status.
Criteria Discussed
H-1B Cap Exemption Previously Counted Against Cap Revocation Of Prior Petition Specialty Occupation
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