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 104 of 258
dismissed
H-1B
Finance And Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business/financial analyst' qualifies as...
Normal Minimum Requirement For The Position Industry Standard For Parallel Positions Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate it had secured definite, non-speculative specialty occupation work for...
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 Availability Of Non-Speculative Work For The Entire Requested Employment Period
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'director of business development' position qualifies...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Complexity Of The Position Employer'S Normal Degree Requirement Specialized And Complex Nature Of The Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of "programmer analyst/computer systems an...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered 'systems engineer' position qualifies as a specialty occupatio...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Normal Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Software Development
The motion to reopen was denied because the petitioner did not present any new facts. The motion to reconsider was denied because it failed ...
Motion To Reopen Requirements Motion To Reconsider Requirements Violation Of Petition Terms
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner did not have a certified Labor Condition Application (LCA) for the requested employment peri...
Certified Labor Condition Application (Lca) Filing Requirement
dismissed
H-1B
Health Services
The motion to reopen was denied because the new evidence of business growth did not establish eligibility at the time of filing and was not ...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Restaurant Management
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence after indicating they would do...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Education
The appeal was summarily dismissed because the petitioner failed to submit a brief or a statement identifying any specific error of law or f...
8 C.F.R. § 214.2(H)(2)(I)(G) - Multiple Filings 8 C.F.R. § 103.3(A)(L)(V) - Failure To State Basis For Appeal
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to submit a brief, additional evidence, or a statement identifying any spec...
Specialty Occupation Employer-Employee Relationship Failure To State Basis For Appeal
dismissed
H-1B
Retail
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'administrative services manager' qualifi...
Normal Degree Requirement For The Position Degree Common To Industry / Position Is Complex Or Unique Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Budget Analysis
The appeal was dismissed because the petitioner failed to establish the 'budget analyst' position as a specialty occupation. The petitioner ...
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)
remanded
H-1B
Interior Design
The Director denied the petition by concluding the beneficiary was not qualified, without first determining if the proffered position itself...
Beneficiary Qualifications Specialty Occupation Definition Normal Degree Requirement For Position
dismissed
H-1B
Software Development
The Director denied the petition because the petitioner failed to establish that the proffered position of 'software engineer' qualifies as ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Computer Science
The Director denied the petition because the evidence was insufficient to establish that the proffered position of 'Network Systems Administ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'applications systems engineer' qualifies...
Normal Degree Requirement For The Position Industry-Common Degree Requirement Or Position Complexity/Uniqueness Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the Director properly revoked the petition's approval. The petitioner misrepresented the number of its empl...
Inaccurate Statement Of Facts Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'software test engineer' qualifies as a s...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Software
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business analyst' qualifies as a special...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'Software Engineer' 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 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
The appeal was dismissed because the petitioner failed to establish that the proffered 'software test engineer' position qualifies as a spec...
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
Gymnastics
The motions to reopen and reconsider were denied because they were filed after the 30-day regulatory deadline. The AAO found no authority to...
Timeliness Of Motion To Reconsider Timeliness Of Motion To Reopen Requirements For Motion To Reopen
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position of 'programmer analyst' qualifies as a specialty occu...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'QA tester' position qualifies as a specialty occupat...
Specialty Occupation Employer-Employee Relationship Specific Degree Requirement
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide an adequate job description that conveyed the substantive work to be perfo...
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
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The p...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Finance
The appeal was dismissed due to unresolved inconsistencies regarding the nature and scope of the proffered position. The job title, duties, ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Complexity Of Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'senior software engineer' position qualifies as a sp...
Whether The Position Qualifies As A Specialty Occupation Whether A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement Whether The Degree Requirement Is Common To The Industry Whether The Employer Normally Requires A Degree For The Position Whether The Duties Are Specialized And Complex Whether The Beneficiary Is Qualified To Serve In A Specialty Occupation
dismissed
H-1B
Computer Science
The Director denied the petition after concluding the petitioner failed to establish that the proffered 'SAP consultant' position qualifies ...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca) Normal Degree Requirement For Position Industry Common Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish the proffered 'market research analyst' position qualifies as a specialt...
Normal Degree Requirement For The Particular Position Degree Requirement Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered position of 'computer programmer analyst' qualifies...
Normal Degree Requirement For Position Industry Common Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring Degree
dismissed
H-1B
Social Science Research
The appeal was dismissed because the petitioner did not establish that the proffered grant writer position qualifies as a specialty occupati...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'director of business development' qualif...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Uniqueness Of Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish it meets the regulatory definition of a U.S. employer. Specifically, the...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Manufacturing
The appeal was dismissed because the petitioner failed to prove the proffered 'market analyst' position qualifies as a specialty occupation....
Normal Minimum Requirement For The Position Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'accountant' position qualifies as a specialty occupa...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered "programmer analyst" position qualifies as a specia...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Operations Research
The appeal was dismissed as moot. The decision notes that the beneficiary had already adjusted their status to that of a lawful permanent re...
Multiple H-1B Filings Specialty Occupation
dismissed
H-1B
Financial Services
The appeal was dismissed as moot because the beneficiary had already adjusted their status to that of a lawful permanent resident. The initi...
Multiple Filings
dismissed
H-1B
Marketing Research
The appeal was dismissed because the petitioner failed to prove that the proffered 'marketing research analyst' position 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
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'market research analyst' position qualifies as a s...
Normal Degree Requirement For The Particular Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'systems analyst' 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 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
remanded
H-1B
Research
The Director denied the petition, stating the petitioner, as a nonprofit research organization, was already exempt from the H-1B cap and cou...
H-1B Cap Exemption (Nonprofit Research Organization) H-1B Cap Exemption (Us Master'S Degree)
dismissed
H-1B
Computer Science
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
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The AAO fou...
Employer-Employee Relationship Specialty Occupation Regulatory Filing Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it would have a valid employer-employee relationship with the benef...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner did not demonstrate that the proffered position of 'senior BI consultant' qualifies as a spe...
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
It Services
The appeal was dismissed because the petitioner failed to prove the proffered position of 'programmer analyst ~ ETL Developer)' qualifies as...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'QA engineer' position qualifies as a specialty occ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For The 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 Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that it had definite, non-speculative specialty occupation work availa...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree Availability Of Non-Speculative Work For The Entire Requested Period
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'financial analyst' position qualifies as a special...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Information Technology
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, 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
Software Development
The appeal was dismissed because the petitioner failed to provide sufficient evidence of the specific work the beneficiary would perform. Th...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Medicine
The Director denied the petition because the petitioner, a hospital, failed to establish it qualified for an exemption from the H-1B cap. Th...
H-1B Cap Exemption Affiliation With Institution Of Higher Education Nonprofit Entity Definition Shared Ownership Or Control
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary is qualified to perform services in a specialty o...
Beneficiary Qualifications Degree Equivalency Work Experience Evaluation
dismissed
H-1B
Dentistry
The appeal was dismissed because the petitioner failed to establish that it qualifies for an exemption from the H-1B numerical cap. The peti...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Shared Ownership Or Control
sustained
H-1B
Construction
The Director denied the petition, believing the Beneficiary's prior H-2B stay should count towards the six-year H-1B limitation. The appeal ...
H-1B Extension Eligibility Six-Year Limitation (Ac21) Counting Prior H-2B Status
dismissed
H-1B
Information Technology
The AAO issued a Notice of Intent to Dismiss and Request for Evidence to verify the Petitioner's intent to pursue the appeal. The Petitioner...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Information Technology
The AAO issued a Notice of Intent to Dismiss and Request for Evidence, asking the Petitioner to verify its intent to pursue the appeal. The ...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Business Administration
The appeal was dismissed because the petitioner failed to establish that the proffered 'business administrator' position qualifies as a spec...
8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Marketing
The appeal was dismissed because the Petitioner failed to establish that the proffered position of 'marketing specialist' qualifies as a spe...
Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'health operations manager' 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
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered marketing manager position qualifies as a specialty o...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered paralegal position qualifies as a specialty occupatio...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties Labor Condition Application (Lca) Wage Level
dismissed
H-1B
Engineering
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
Employer-Employee Relationship Specialty Occupation Failure To Identify Basis For Appeal
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of a law clerk qualifies as a specialty occu...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Marketing
The motion to reopen was granted in part to withdraw a previous summary dismissal, but the appeal was ultimately dismissed on its merits. Th...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Jewelry
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
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
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'public relations specialist' qualifies a...
Specialty Occupation Definition Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Law
The appeal was dismissed because the petitioner, a law firm, failed to establish that the proffered position of "legal research & technical ...
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
The appeal was dismissed because the petitioner failed to establish that the 'financial analyst' position qualifies as a specialty occupatio...
Definition Of Specialty Occupation Normal Minimum Degree Requirement For The Position Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Business Systems Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business systems analyst' qualifies as a...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner did not establish that the proffered position of 'Manager of Hotel Operations' qualifies as ...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'enterprise delivery manager' position qualifies as a...
Normal Degree Requirement For Position Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are So Specialized And Complex
remanded
H-1B
Health Care
The Director denied the petition based on the Beneficiary's qualifications without first establishing if the position itself qualified as a ...
Specialty Occupation Definition Beneficiary Qualifications Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'Quality Assurance Engineer' qualifies as a s...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Education
The combined motion to reopen and reconsider was denied because it was filed untimely. The AAO also noted that even if the filing had been t...
Specialty Occupation Motion To Reopen Motion To Reconsider Timely Filing
dismissed
H-1B
Law
The Director denied the petition, concluding that the proffered position of a law clerk did not qualify as a specialty occupation. Upon revi...
Normal Degree Requirement For Position Common Degree Requirement In Industry Or Unique Position Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Health Care Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'chief strategy officer' qualifies as a s...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered "import and logistics manager" position qualifies as ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Computer Science
The appeal was dismissed because the beneficiary had already been approved for H-1B status with another employer, rendering the appeal moot....
Specialty Occupation
dismissed
H-1B
Retail
The combined motion to reopen and reconsider was denied because it failed to meet the procedural requirements. The petitioner did not presen...
Motion To Reopen Motion To Reconsider Specialty Occupation
dismissed
H-1B
Mental Health
The appeal was dismissed because the petitioner failed to establish that it was exempt from the H-1B numerical cap. The petitioner claimed t...
H-1B Cap Exemption Related Or Affiliated Nonprofit Entity
dismissed
H-1B
Accounting
The appeal was summarily dismissed because the petitioner failed to identify any erroneous conclusion of law or statement of fact as a basis...
Specialty Occupation Beneficiary Qualifications Failure To State Basis For Appeal
dismissed
H-1B
Finance
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not present new facts that w...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Graphic Design
The appeal was dismissed because the Director correctly followed the 'revocation on notice' procedure after discovering the beneficiary was ...
Revocation On Notice Cessation Of Employment Withdrawal Of Petition
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'validation analyst' qualifies as a speci...
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 Beneficiary'S Qualifications For The Specialty Occupation
dismissed
H-1B
Education
The appeal was dismissed because the beneficiary did not qualify for an H-1B extension beyond the six-year limit. The petitioner filed the e...
H-1B Six-Year Limit Ac21 Extension Eligibility 365-Day Rule For Labor Certification Filing
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Computer Programmer' qualified as a spec...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The Dir...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The A...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Complexity Of Position Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed due to numerous inconsistencies and discrepancies across documents regarding the beneficiary's job title and duties...
Specialty Occupation Itinerary For Employment Period
dismissed
H-1B
Business
The appeal was dismissed because the petitioner failed to provide credible evidence to resolve discrepancies regarding the beneficiary's pri...
Specialty Occupation Beneficiary Qualifications Misrepresentation Of Fact Gross Error
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director concluded that the petitioner would...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'finance administrator' qualifies as a sp...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
remanded
H-1B
Market Analysis
The Director denied the H-1B extension petition but failed to explain the specific reasons for the denial in writing, as required by regulat...
H-1B Extension Eligibility
dismissed
H-1B
Computer Technology
The appeal was dismissed because the petitioner failed to demonstrate that qualifying specialty occupation work would be available for the b...
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
It Consulting
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The Directo...
Employer-Employee Relationship
dismissed
H-1B
Software Development
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 Employer-Employee Relationship
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