H-1B Sustained — Behavior Analysis (2024): the initial denial was based on the petitioner's failure to

Decision Summary

The initial denial was based on the petitioner's failure to establish that the beneficiary qualified for an H-1B cap exemption by working for an affiliated university. The appeal was sustained because the petitioner provided new evidence, including a detailed breakdown of job duties and a letter from the university, which successfully demonstrated that the beneficiary would spend the majority of her time furthering the university's essential mission and functions.

Criteria Discussed

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