Recent AAO Decisions

Browse the newest 25777 AAO decisions through a fresh archive that helps users and crawlers reach the latest case law faster.

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EB-2 NIW (5038)H-1B (4985)EB-1A (4549)L-1A (4206)EB-1C (2797)EB-3 (1963)L-1B (723)EB-2 (615)EB-1B (301)O-1A (286)O-1B (256)E-2 (26)O-2 (13)EB-2/3 (7)P-1 (4)unclear (4)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
25777 total decisions Page 103 of 258
dismissed H-1B

Computer Science

· Company
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petit...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed H-1B

Computer Science

· Company
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to identify a specific erroneous conclusion of law or statem...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed H-1B

Information Technology

· Company
The appeal was summarily dismissed because the Petitioner failed to submit a brief or any additional evidence after filing the appeal. The P...
Failure To Identify Specific Error Of Law Or Fact
dismissed H-1B

Retail Management

· Company
The appeal was dismissed because the petitioner, a retail clothing company, failed to establish that the proffered 'general manager' positio...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed H-1B

Design

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'senior designer' position qualifies as a specialty o...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Specialty Occupation
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that specialty occupation work was available for the beneficiary for the...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered "programmer analyst" position qualifies as a specialt...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to provide sufficient evidence detailing the specific duties the beneficiary would pe...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner filed two separate H-1B petitions for the same beneficiary in the same fiscal year, which is...
Prohibition On Multiple H-1B Filings
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner filed two H-1B petitions for the same beneficiary in the same fiscal year, in violation of r...
Multiple H-1B Filings Prohibition (8 C.F.R. § 214.2(H)(2)(I)(G))
dismissed H-1B

Budget Analysis

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'budget analyst' position qualifies as a specialty oc...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed H-1B

Information Technology

· Company
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. After indicating that a brief or additiona...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Specialty Occupation Availability Of H-1B Caliber Work
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner did not establish that the proffered position of 'programmer analyst' qualifies as a special...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Complexity And Specialization Of Job Duties End-Client Work Requirements
dismissed H-1B

Information Technology

· Company
The appeal was dismissed for two primary reasons. First, the petitioner failed to establish that the beneficiary's U.S. master's degree was ...
Master'S Cap Exemption Nonprofit Status Of Educational Institution Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that it had secured definite, non-speculative work for the beneficiary a...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Non-Speculative Work Itinerary Of Services
dismissed H-1B

Healthcare Management

· Company
The motion to reopen and reconsider was denied because the petitioner's new evidence was insufficient to establish the position as a special...
8 C.F.R. § 214.2(H)(4)(Iii)(A) Specialty Occupation Definition Material Change In Employment Compliance With Terms And Conditions Of Petition
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the beneficiary was not exempt from the H-1B cap. Although a previous H-1B petition was approved for the be...
H-1B Cap Exemption Previously Counted Against The Cap Revocation Of Prior Unused Petition Holding H-1B Status
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered computer programmer position qualifies as a specialty...
Specialty Occupation Definition Availability Of Non-Speculative Work Beneficiary Qualifications
dismissed H-1B

Education

· Organization
The appeal was dismissed because the petitioner, a public school system, failed to establish it qualified for an H-1B cap exemption. The pet...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education
dismissed H-1B

Technical Sales

· Company
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'technical sales representative' qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

It Consulting

· Company
The appeal was summarily dismissed as abandoned. After discovering that another employer's H-1B petition for the same beneficiary had been a...
Abandonment Employer-Employee Relationship
sustained H-1B

Accounting

· Company
The appeal was sustained because upon de novo review, the AAO found that the petitioner had overcome the basis for the director's denial. Th...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish two key points. The Director concluded, and the ...
Employer-Employee Relationship Specialty Occupation
dismissed H-1B

Mechanical Engineering

· Company
The appeal was dismissed because the petitioner, a computer consulting company, failed to demonstrate that the proffered position of mechani...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Childcare

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'administrator' position at a childcare center qualif...
Normal Minimum Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'project manager' position qualifies as a specialty...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained H-1B

Accounting

· Company
The appeal was sustained because upon de novo review, the AAO found that the petitioner had overcome the basis for the director's denial. Th...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation
dismissed H-1B

Information Technology

· Company
The appeal was summarily dismissed because the Petitioner failed to submit a brief or statement that specifically identified an erroneous co...
Failure To Identify Error In Appeal
dismissed H-1B

Business Development

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'business development associate' qualif...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed H-1B

Management Analysis

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'management/operation planning analyst' position qual...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Hospitality

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'general manager' position qualifies as a specialty o...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner did not establish that the proffered 'QA engineer' position qualifies as a specialty occupat...
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'software engineer' qualifies as a spec...
Specialty Occupation Definition Baccalaureate Or Higher Degree Requirement Common Degree Requirement In Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'software engineer' position qualifies as a specialty...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Specialty Occupation Employer-Employee Relationship Labor Condition Application (Lca) Consistency Complexity Of Duties
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
Specialty Occupation Employer-Employee Relationship
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation and that...
Specialty Occupation Employer-Employee Relationship Labor Condition Application (Lca)
dismissed H-1B

Behavioral Therapy

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of an 'applied behavioral analysis (ABA) the...
Normal Minimum Requirement For Entry Employer Normally Requires A Degree
sustained H-1B

Accounting

· Company
The appeal was sustained because upon de novo review, the petitioner provided sufficient evidence to overcome the director's denial. The AAO...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'software systems analyst' qualifies as a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Duties Are Specialized And Complex
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that it met the regulatory definition of a 'United States employer.' Spe...
Employer-Employee Relationship Specialty Occupation
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'computer programmer analyst' qualifies...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Associated With A Degree
dismissed H-1B

Software Engineering

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'software engineer' position qualifies as a specialty...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Nature Of The Duties
dismissed H-1B

Accounting

· Organization
The appeal was dismissed because the petitioner did not establish that the proffered 'accounting associate' position qualifies as a specialt...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business intelligence analyst' qualifies...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded H-1B

Computer Science

· Company
The Director initially denied the petition based on the Beneficiary's qualifications. The AAO found that the Director erred by not first det...
Beneficiary Qualifications Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that sufficient, non-speculative specialty occupation work existed for t...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed H-1B

Software Development

· Company
The motion to reopen and reconsider was denied because the petitioner failed to overcome the prior dismissal's findings. The petitioner did ...
Employer-Employee Relationship Specialty Occupation
dismissed H-1B

Data Engineering

· Company
The appeal was dismissed because the beneficiary was found ineligible for the H-1B Master's Cap exemption. The beneficiary's U.S. master's d...
H-1B Cap Exemption Master'S Cap Accredited U.S. Institution Of Higher Education
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' is a specialty occup...
Normal Minimum Requirement Of A Baccalaureate Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' at an end-client sit...
Specialty Occupation Availability Of Work For Requested Duration Employer-Employee Relationship
dismissed H-1B

Human Resources

· Company
The motion to reopen was denied, upholding the prior dismissal of the appeal. The petitioner failed to establish that the proffered position...
Specialty Occupation Minimum Degree Requirement Industry Standard For Position
dismissed H-1B

Information Technology

· Company
The motion to reopen and reconsider was denied, upholding the prior dismissal of the appeal. The petitioner failed to establish that the pro...
Position Qualifies As Specialty Occupation Beneficiary Qualifications Motion To Reopen Motion To Reconsider 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'computer programmer analyst' position qualifies as a...
Specialty Occupation Employer-Employee Relationship
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to prove that the proffered 'computer programmer analyst' position qualifies as a spe...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'computer programmer analyst' position qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Labor Condition Application (Lca) Compliance And Prevailing Wage
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies a...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Similar Positions Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The rec...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree Lca Occupational Classification And Prevailing Wage
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of "computer programmer analyst" qualifies a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Operations Research

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations research analyst' position qualifies as a...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered "programmer analyst" position qualifies as a specia...
Specialty Occupation Definition Employer-Employee Relationship Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner, a computer consulting firm, failed to establish that the proffered 'programmer analyst' pos...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'devops engineer' position qualifies as a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that it would have a valid employer-employee rel...
Employer-Employee Relationship Specialty Occupation Control Over Employee
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'senior programmer analyst' position qualifies as a s...
Normal Minimum Requirement Of A Baccalaureate Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of Specific Duties Are Specialized And Complex Inconsistent Degree Requirements Requirement Of A Degree In A Specific Specialty
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Consulting

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's duties. The vague...
Specialty Occupation Definition Degree Is Normal Minimum Requirement Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to sufficiently describe the duties of the proffered 'programmer analyst' position, m...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'software systems analyst' position qualified as a sp...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Consulting

· Company
The appeal was dismissed because the petitioner failed to describe the duties of the proffered 'programmer analyst' position with sufficient...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Degree Requirement Duties Are So Specialized And Complex They Require A Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered "programmer analyst" position qualifies as a specialt...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Consulting

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to describe the proffered 'programmer analyst' position with sufficient detail. The j...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'programmer analyst' qualifies as a spe...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Software Engineering

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered software engineer position qualifies as a specialty...
Normal Degree Requirement For Position Industry Standard Or Unique/Complex Position Employer'S Normal Requirement Specialized And Complex Duties
remanded H-1B

Computer Consulting

· Company
The Director initially denied the petition on the basis that the beneficiary was not qualified. The AAO found that the Director erred by not...
Beneficiary'S Qualifications Specialty Occupation Requirements (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
remanded H-1B

Software Development

· Company
The Director's decision was withdrawn and the matter was remanded because the record did not support a finding that the proffered position o...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Complexity And Specialization Of Job Duties Commonality Of Degree Requirement In The Industry
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the Petitioner did not establish that it qualifies as a 'United States employer' as defined by regulations....
Employer-Employee Relationship Specialty Occupation
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of Quality Assurance Engineer qualifies as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Consulting

· Company
The appeal was dismissed because the petitioner failed to describe the duties of the proffered 'programmer analyst' position with sufficient...
A Baccalaureate Or Higher Degree Is Normally The Minimum Requirement The Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique The Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'QA Analyst' qualifies as a specialty occ...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'application systems engineer' qualifies ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of The Duties
dismissed H-1B

Software Development

· Company
The Director initially denied the petition, concluding the petitioner failed to establish that the proffered software engineer position qual...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties Beneficiary'S Qualifications
dismissed H-1B

Computer Science

· Company
The Director denied the petition because the evidence was insufficient to establish that the proffered 'senior software engineer' position q...
Specialty Occupation Requirements Beneficiary Qualifications
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'senior software engineer' position qualifies as a sp...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'software engineer' qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'senior software engineer' position qualifies as a sp...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Requires A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'SAP consultant' position qualifies as a specialty oc...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary Qualifications
dismissed H-1B

Janitorial Services

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations manager' position qualified as a specialt...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex As To Require A Degree
dismissed H-1B

Software Development

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
Specialty Occupation Availability Of Specialty Occupation Work Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
remanded H-1B

Computer Science

· Company
The Director's decision was withdrawn and the petition was remanded for a new decision. The AAO found that the petitioner provided multiple,...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed H-1B

Finance

· Company
The combined motion to reopen and reconsider was dismissed. The petitioner failed to meet the requirements for a motion to reopen by not pre...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed H-1B

Business Management

· Company
The motion to reconsider was denied because it failed to meet the legal standards for such a motion. The petitioner did not identify a speci...
Specialty Occupation Motion To Reconsider Requirements
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'software engineer' qualifies as a spec...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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