H-1B Remanded — Research (2016): the Director denied the petition, stating the petitioner,

Decision Summary

The Director denied the petition, stating the petitioner, as a nonprofit research organization, was already exempt from the H-1B cap and could not choose to be counted against the master's degree cap. The AAO remanded the case, instructing the Director to first determine if the petitioner qualifies for the cap exemption as a nonprofit research organization under section 214(g)(5)(B) of the Act before issuing a new decision.

Criteria Discussed

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