sustained
H-1B
sustained H-1B Case: Human Factors Engineering
Decision Summary
The Director initially denied the petition, finding the beneficiary did not qualify for the advanced degree exemption (master's cap) because the evidence did not show the master's degree was completed before the petition was filed. The appeal was sustained because the petitioner provided additional evidence on appeal which established that the beneficiary had completed all degree requirements before the petition's filing date, thus qualifying for the exemption.
Criteria Discussed
H-1B Cap Advanced Degree Exemption
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft with AAO-aware legal structure
MeritDraft helps you turn research into a criteria-based petition draft with organized evidence, legal framing, and attorney-ready structure.
Start a Criteria-Based Draft →No credit card required. Generate your first petition draft in minutes.