H-1B Dismissed — Unknown (2024): did not establish the beneficiary was exempt from the H-1B

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was exempt from the H-1B numerical cap. A prior petition for the beneficiary was approved but she never obtained H-1B status and the approval was subsequently revoked. Therefore, she was never counted against a previous year's cap and was subject to the current, exhausted cap.

Criteria Discussed

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