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 106 of 258
dismissed
H-1B
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'market research analyst' position 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 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
Information Technology
The appeal was dismissed because the petitioner failed to establish that it maintained a valid employer-employee relationship with the benef...
Employer-Employee Relationship
dismissed
H-1B
Supply Chain Management
The Director denied the petition, concluding that the Petitioner failed to establish that the proffered position of 'vice president, logisti...
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
Web Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'web developer' position qualifies as a specialty occ...
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 Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position as an 'MS BI Developer' qualifies as a speci...
Specialty Occupation Definition Sufficient Work For The Requested Period
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to establish that the proffered position of "computer programmer analyst" qualifies a...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Home Health Care
The appeal was dismissed because the petitioner failed to establish that the proffered "operations manager" position qualifies as a specialt...
Normal Degree Requirement For Position Industry Norm Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
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 Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the Systems Analyst position's duti...
Normal Degree Requirement For The Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Nature Of 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. Speci...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Non-Speculative Work
dismissed
H-1B
Insurance And Financial Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'market research analyst' qualifies as a ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree Beneficiary'S Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the proffered position as a specialty occupation. The AAO found that 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, 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
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'devops engineer' qualifies as a specialt...
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
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualified as a specialty o...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Journalism
The appeal was dismissed because the petitioner did not establish that the proffered 'reporter' position qualifies as a specialty occupation...
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
Journalism
The appeal was dismissed primarily because the petitioner submitted a Labor Condition Application (LCA) that did not correspond to the petit...
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 Lca Correspondence With The Petition
dismissed
H-1B
Legal Compliance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'legal compliance and document analyst' q...
Normal Minimum Requirement For The Position Common To The Industry 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 position of 'systems associate' qualifies as a specia...
Specialty Occupation Employer-Employee Relationship 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 Consulting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The 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 Specialty Occupation Work Inconsistencies In Employment Location
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'SAP FSCM analyst' qualifies as a special...
Specialty Occupation Employer-Employee Relationship Baccalaureate Degree Is Normal Requirement Degree Requirement Is Common To Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
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
Accounting
The motion to reopen/reconsider was denied because the petitioner failed to demonstrate that the proffered accountant position qualifies as ...
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 motions to reopen and reconsider were denied. The motion to reopen was denied for failing to present new facts, and the motion to recons...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'software developer' position qualifies as a specia...
Specialty Occupation Definition Bachelor'S Degree Requirement Specificity Of Job Description Complexity Of Duties
dismissed
H-1B
It Consulting
The appeal was summarily dismissed because the Petitioner failed to provide a statement or brief supporting the appeal. The Petitioner did n...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
It Services
The appeal was summarily dismissed because the Petitioner failed to submit a brief or additional evidence identifying any specific erroneous...
Failure To Identify Erroneous Conclusion Of Law Or Fact 8 C.F.R. § 103.3(A)(1)(V)
remanded
H-1B
E-Commerce
The Director's decision to deny the petition based on the beneficiary's qualifications was withdrawn. The AAO remanded the case because the ...
Beneficiary'S Qualifications Whether The Position Qualifies As A Specialty Occupation Requirement Of A Baccalaureate Or Higher Degree In A Specific Specialty Whether The Employer Normally Requires A Degree For The Position Whether The Degree Requirement Is Common To The Industry Whether The Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the Petitioner failed to establish that the proffered 'senior programmer analyst' position qualifies as a s...
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 provide sufficiently detailed evidence of the work the beneficiary would perform. ...
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 provide sufficient evidence from the end-client to corroborate the nature of 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 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
Wholesale Trade
The appeal was summarily dismissed as abandoned. After an initial review, the AAO sent the Petitioner a notice of intent to dismiss (NOID), ...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that sufficient work was available for the beneficiary for the entire ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'supply chain 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 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
Non-Profit Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'capacity building and information infras...
Normal Degree Requirement For The Position Degree Common To The Industry Or Position Is Complex/Unique Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of a 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 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 Specialty Occupation Work Will Be Available For The Beneficiary Throughout The Duration Of The Requested H-1B Validity Period
sustained
H-1B
Software Development
The appeal was sustained because the petitioner provided sufficient evidence to establish both a valid employer-employee relationship and th...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Engineering
The appeal was dismissed because the AAO concluded that the petitioner and another company were related entities that improperly filed multi...
Multiple Filings By Related Entities Credible Offer Of Employment Employer-Employee Relationship Beneficiary Qualifications Legitimate Business Need
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) for all intended work locatio...
Labor Condition Application (Lca) Multiple Work Locations Timely Filing Of Lca Eligibility At Time Of Filing
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
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 'software 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
Healthcare
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner indicated a brief would b...
8 C.F.R. § 103.3(A)(L)(V)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish it had secured definite, non-speculative work for the beneficiary at the...
Specialty Occupation Employer-Employee Relationship Non-Speculative Employment
dismissed
H-1B
Computer Science
The appeal was summarily dismissed because the Petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
8 C.F.R. § 103.3(A)(L)(V)
dismissed
H-1B
Clinical Research
The motion to reopen was denied, and the appeal's dismissal was upheld, because the petitioner failed to resolve critical discrepancies rega...
Specialty Occupation Requirement Of A Bachelor'S Degree In A Specific Specialty Eligibility At The Time Of Filing
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove the proffered 'systems analyst' role qualifies as a specialty occupation. Th...
Specialty Occupation Qualification Employer-Employee Relationship Normal Degree Requirement For Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Consistency Of Job Duties Described
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualifies as a specialty o...
Specialty Occupation Definition Normal Degree Requirement For The Position Consistency Of Job Duties Employer-Employee Relationship
dismissed
H-1B
Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualifies as a specialty o...
Specialty Occupation Employer-Employee Relationship Baccalaureate Or Higher Degree Requirement Inconsistent Job Descriptions
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Specialty Occupation Definition Employer-Employee Relationship Normal Degree Requirement For Position Inconsistent Job Descriptions
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems analyst' qualifies as a specialt...
Specialty Occupation Definition Employer-Employee Relationship 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 provide sufficient credible evidence to establish that a bona fide specialty occup...
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
remanded
H-1B
Software Development
The appeal was remanded because the AAO found sufficient evidence that the Petitioner did not receive the Notice of Intent to Revoke (NOIR)....
Grounds For Revocation Proper Service Of Notice Of Intent To Revoke (Noir)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'computer programmer' 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 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 demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
Normal Minimum Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove the proffered 'programmer analyst' position qualifies as a specialty occupat...
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
Graphic Design
The appeal was dismissed because the petitioner failed to prove the proffered graphic designer position qualifies as a specialty occupation....
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
Software Development
The appeal was dismissed because the petitioner, a software consulting company, failed to establish that it maintained the requisite employe...
Employer-Employee Relationship
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship at the time of filing. The benefi...
Employer-Employee Relationship Right To Control Beneficiary Ownership
dismissed
H-1B
Food Manufacturing
The motion to reopen and reconsider was denied, upholding the prior dismissal of the appeal. The initial petition was revoked due to a findi...
Beneficiary Qualifications Specialty Occupation Fraud
dismissed
H-1B
Dentistry
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the AC21 provisions....
H-1B Six-Year Limitation Ac21 Section 106(A) Extension Ac21 Section 104(C) Extension Final Decision On Adjustment Of Status Application
dismissed
H-1B
Software Development
The appeal was summarily dismissed as abandoned because the Petitioner did not respond to an AAO request to verify its intent to pursue the ...
Specialty Occupation Abandonment Due To Non-Response
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies 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
Software Development
The appeal was dismissed because the petitioner failed to overcome the Director's initial findings. The Director concluded that the evidence...
Employer-Employee Relationship Specialty Occupation Lca Correspondence
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 did n...
Employer-Employee Relationship Specialty Occupation Lca Correspondence
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not demonstrate that the proffered 'project manager' position qualifies as a specialty o...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Software Engineering
The Director denied the petition, concluding the petitioner failed to establish that a valid employer-employee relationship would exist and ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a company operating gas stations, failed to provide sufficient objective evidence to prove ...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Specific Duties Is So Specialized And Complex
remanded
H-1B
Computer Science
The Director initially denied the petition, finding the Beneficiary was not qualified for a specialty occupation. The AAO remanded the case,...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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
Information Technology
The appeal was dismissed because the petitioner did not demonstrate that the proffered 'systems analyst' position qualifies as a specialty o...
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
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'systems analyst' position qualifies as a specialty...
Normal Degree Requirement For The Position Industry Standard Or Complexity Of Position Employer'S Normal Hiring Requirement Specialized And Complex Nature Of Duties
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...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Unique Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Information Technology
The Director revoked a previously approved H-1B petition after finding the Petitioner violated the terms and conditions of the approval, spe...
Revocation Of Approval Violation Of Terms And Conditions Payment Of Required Wage Labor Condition Application (Lca)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish two key requirements for the H-1B classification. The Director found, an...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Event Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'events manager' qualifies as a specialty...
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
dismissed
H-1B
Healthcare Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'program director' position qualifies as a specialty ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner, a consulting company, failed to establish a valid employer-employee relationship. The Direc...
Employer-Employee Relationship Right To Control
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it had definite, non-speculative specialty occupation work for the ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Speculative Employment
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...
Specialty Occupation Employer-Employee Relationship Failure To State Basis For Appeal
remanded
H-1B
Database Administration
The appeal was remanded because the Director's initial denial did not provide a sufficiently specific explanation for the basis of the denia...
Specialty Occupation
sustained
H-1B
Pharmacy
The appeal was sustained because the petitioner overcame the Director's reason for denial. The petitioner provided sufficient evidence on ap...
Beneficiary Qualifications Licensure For Specialty Occupation
dismissed
H-1B
Medicine
The Director denied the petition because the petitioner did not establish it was exempt from the annual H-1B cap. The AAO dismissed the appe...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Shared Ownership Or Control
dismissed
H-1B
Biotechnology
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements. The petitioner did not specifically id...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact Failure To Submit A Brief After Indicating Intent To Do So
dismissed
H-1B
Logistics
The motion to reconsider was denied because the petitioner failed to meet the procedural requirements. The petitioner did not establish that...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate it had secured definite, non-speculative work for the beneficiary 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 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 [Is] 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 Definite, Non-Speculative Work For The Entire Requested Period
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to prove it qualified for an exemption from the H-1B cap. The petitioner, a public sc...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Shared Ownership Or Control
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. The AAO noted that the petitioner had filed another H-1B petition on behalf of the same beneficiary, which...
Specialty Occupation
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to demonstrate it had secured a non-speculative position for the beneficiary at a spe...
Specialty Occupation Non-Speculative Employment Employer-Employee Relationship
dismissed
H-1B
Software Development
The appeal was summarily dismissed as abandoned. The AAO sent a letter to the petitioner requesting verification of its intent to pursue the...
Specialty Occupation Abandonment
dismissed
H-1B
Supply Chain Analysis
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner indicated it would submit...
Summary Dismissal Failure To Identify Error In Decision
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it had specialty occupation work available for the beneficiary 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
dismissed
H-1B
Accounting
The appeal was dismissed primarily due to a procedural error: the petitioner failed to sign the section of the Form I-129 certifying liabili...
Improper Filing (Signature) Specialty Occupation Prevailing Wage
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Computer Science
The appeal was summarily dismissed because the petitioner failed to submit a brief or any statement explaining the basis for the appeal. Hav...
Specialty Occupation Employer-Employee Relationship Failure To State Grounds For Appeal
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 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 did not demonstrate 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 it would exercise a valid employer-employee relationship with the benefi...
Employer-Employee Relationship Definition Of U.S. Employer Right To Control
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The p...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Duties Are Specialized And Complex
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'early childhood creative programs direct...
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
International Trade Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Normal Minimum Degree Requirement For The Particular Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Are Specialized And Complex
dismissed
H-1B
Business Analysis
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) - A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
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