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 107 of 258
dismissed
H-1B
Marketing
The petitioner's appeal was rejected because it was filed after the deadline. This decision denies the petitioner's subsequent motion to reo...
Timeliness Of Appeal Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to demonstrate that it qualifies for an exemption from the annual H-1B numerical cap....
H-1B Cap Exemption Related Or Affiliated Nonprofit Entity Shared Ownership Or Control
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'human resources analyst' qualifies as a ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of software developer qualifies as a speci...
Specialty Occupation Employer-Employee Relationship
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 AAO...
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 The 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 qualifies as a specialty occupation. The pet...
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
Broadcast Journalism
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'broadcast news analyst' qualifies as a...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Lca Wage Level
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to establish that the proffered computer programmer position qualifies as a specialty...
Normal Degree Requirement For Position Industry-Common Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Landscape Architecture
The appeal was dismissed because the petitioner submitted inconsistent and contradictory evidence regarding the nature of the position. The ...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized/Complex
dismissed
H-1B
Healthcare Information Technology
The appeal was dismissed because the petitioner failed to demonstrate it qualifies for an H-1B cap exemption as a 'nonprofit research organi...
H-1B Cap Exemption Nonprofit Research Organization Acwia Fee Exemption
dismissed
H-1B
Computer Business
The appeal was dismissed as moot. After the initial petition was denied, a different employer's H-1B petition for the same beneficiary was a...
Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'technical support engineer' 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
Information Technology
The appeal was summarily dismissed because the Petitioner failed to identify a specific erroneous conclusion of law or statement of fact in ...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a software consulting firm, failed to establish that it would have a valid employer-employe...
Employer-Employee Relationship Specialty Occupation United States Employer
dismissed
H-1B
Wholesale Textiles
The appeal was dismissed because the petitioner failed to establish that the proffered 'market research analyst' position qualifies as a spe...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Software Services
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'quality assurance analyst' position qualifies as a...
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
Logistics
The AAO issued a notice of intent to dismiss requesting evidence that the petitioner was a business in good standing and that a bona fide po...
Specialty Occupation Bona Fide Position Abandonment
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate the substantive nature of the beneficiary's work, which is necessary t...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, a consulting firm, failed to establish the substantive nature of the work to be performed. ...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The Director denied the petition because the evidence failed to establish that the petitioner would employ the beneficiary in a specialty oc...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of "computer systems analyst" qualifies as...
Specialty Occupation Definition Beneficiary Qualifications Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to submit credible evidence establishing that the in-house software project was a bon...
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 position of computer systems analyst qualifies as a...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a public school district, was found to be subject to the annual H-1B numerical cap. The pet...
H-1B Cap Exemption Institution Of Higher Education Related Or Affiliated Nonprofit Entity Shared Ownership Or Control Attached As A Member, Branch, Cooperative, Or Subsidiary
dismissed
H-1B
Logistics
The combined motion to reopen and reconsider was denied because it did not meet the regulatory requirements. The petitioner failed to presen...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the benefic...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Accounting
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating they would do so....
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Petroleum Services
The appeal was dismissed because the petitioner failed to establish two key requirements. The Director found, and the AAO agreed, that the e...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
International Adoptions
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 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 As To Require A Degree
dismissed
H-1B
Publishing
The appeal was dismissed because the petitioner violated the terms and conditions of the approved H-1B petition by failing to pay the benefi...
Revocation Of Approval Wage Payment Requirements Violation Of Terms And Conditions Of Petition
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered programmer 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 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
Strategic Consulting
The appeal was sustained because the petitioner submitted additional evidence establishing that it normally requires a bachelor's degree in ...
Specialty Occupation Employer Normally Requires Degree
dismissed
H-1B
Computer Programming
The AAO sent a letter to the Petitioner requesting verification of its intent to pursue the appeal, as another employer's H-1B petition for ...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Environmental Engineering
The combined motion to reopen and reconsider was dismissed because the petitioner failed to meet the requirements for either. For the motion...
Specialty Occupation Labor Condition Application (Lca) Beneficiary Qualifications Motion To Reopen Requirements Motion To Reconsider Requirements Effect Of Prior Approvals On Subsequent Petitions
remanded
H-1B
Software Development
The AAO granted the petitioner's motion to reopen, withdrawing its previous summary dismissal. However, the case was remanded because the Di...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer systems analyst' qualifies as a...
Specialty Occupation Employer-Employee Relationship Baccalaureate Or Higher Degree Requirement Complexity And Specialization Of 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 Employer-Employee Relationship
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner provided inconsistent and unreliable evidence regarding the in-house projects the beneficiar...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of 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...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner did not establish that the proffered 'HR Analyst' position qualifies as a specialty occupati...
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 position of a bilingual marketing specialist qualifie...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Wholesale Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'purchasing manager' qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
remanded
H-1B
Business Intelligence
The appeal was remanded. Although the AAO withdrew the Director's finding and concluded the position qualifies as a specialty occupation, it...
Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Mandarin Chinese instructor/curriculum d...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For The Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Industry Common Degree Requirement Or Unique/Complex Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Mandarin Chinese instructor/curriculum d...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 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
Automotive Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'quality engineer' 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)
sustained
H-1B
Product Design
The appeal was sustained because the petitioner established that the proffered position of 'senior product designer' qualifies as a specialt...
Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement
remanded
H-1B
Management Consulting
The appeal was remanded because the Director's denial was based on an incorrect response to a Request for Evidence (RFE) that belonged to a ...
Specialty Occupation
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the Petitioner failed to establish that the proffered "hospitality manager" position qualifies as a special...
Specialty Occupation Definition Beneficiary Qualifications Requirement For A Bachelor'S Degree In A Specific Specialty Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
Media Editor
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'media editor' 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 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
Supply Chain Software
The appeal was dismissed because the Director correctly found that the submitted Labor Condition Application (LCA) did not correspond to the...
Lca Correspondence Occupational Classification Wage Level
dismissed
H-1B
Communications
The appeal was dismissed because the petitioner failed to establish that the proffered 'communications specialist' position qualifies as a s...
Normal Degree Requirement For Position Industry Commonality Of Degree Requirement
remanded
H-1B
Software Development
The appeal was remanded because the Director's initial decision was insufficient for review. The Director failed to follow the proper legal ...
Specialty Occupation Beneficiary'S Qualifications Employer-Employee Relationship Third-Party Worksite Evidence
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. USCIS records indicated that the Petitioner had filed another H-1B petition for the...
Mootness Specialty Occupation
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'business associate' position qualifies as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to specifically identify any erroneous conclusion of law or ...
Specialty Occupation Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Information Technology
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 Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'software developer' position qualifies as a specialt...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove it would be a U.S. employer with a valid employer-employee relationship with...
Employer-Employee Relationship Specialty Occupation Itinerary Requirement
remanded
H-1B
Business Analytics
The appeal was remanded because the record was not sufficiently developed to determine if the proffered position's duties correspond to the ...
Specialty Occupation Lca Correspondence With Petition Soc Code Accuracy
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The rec...
Specialty Occupation Employer-Employee Relationship
sustained
H-1B
Information Technology
The appeal was sustained because the AAO concluded, upon de novo review, that the petitioner had established the proffered 'business analyst...
Specialty Occupation Position Complexity Bachelor'S Degree Requirement Beneficiary Qualifications
remanded
H-1B
Software Engineering
The case was remanded because the Director's decision was deemed insufficient for review. The Director denied the petition based on the Bene...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform services in a specialty occ...
Beneficiary Qualifications Foreign Degree Equivalency Experience Equivalent To Degree
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered 'program manager' position qualifies as a specialty o...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Hardware Engineer
The Director denied the petition, concluding that the Beneficiary was not qualified to perform the duties of the position. The AAO sustained...
Beneficiary'S Qualifications Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'software developer' position qualifies as a specialt...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Employer-Employee Relationship Availability Of Specialty Occupation Work For Requested Period
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner, a staffing agency, failed to prove the proffered position qualifies as a specialty occupati...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Computer Science
The appeal was dismissed because the certified Labor Condition Application (LCA) did not support the petition. The petitioner's minimum requ...
Specialty Occupation Labor Condition Application (Lca) Correspondence Wage Level Requirements
dismissed
H-1B
Software Development
The motions to reopen and reconsider were dismissed because the petitioner failed to provide sufficient new evidence or legal arguments to e...
Employer-Employee Relationship
dismissed
H-1B
Education
The third motion to reconsider was dismissed on procedural grounds. The AAO noted that the previous motion was untimely filed, and the petit...
Specialty Occupation Motion To Reconsider Requirements Timely Filing
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that it had definitive, non-speculative work available for the beneficia...
Availability Of Non-Speculative Work Position Qualifies As A Specialty Occupation Requirement Of A Bachelor'S Or Higher Degree In A Specific Specialty Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Wholesale Trade
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'purchasing agent' position qualifies as a specialt...
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)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'technical account representative' qual...
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)(4)
sustained
H-1B
Unknown
The Director initially denied the petition, concluding the beneficiary was not qualified for the specialty occupation position. The appeal w...
Beneficiary Qualifications Foreign Degree Equivalency
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered marketing specialist position qualifies as a specialt...
Requirement For A Degree In A Specific Specialty Normal Minimum Requirement For The Position (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 a sufficiently detailed description of the proffered 'systems engineer' po...
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
Retail
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'product marketing and logistics speciali...
Requirement Of A Degree In A Specific Specialty Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Finance
Although the AAO agreed that the proffered position qualified as a specialty occupation, the appeal was dismissed because the petitioner fai...
Specialty Occupation Beneficiary'S Qualifications
sustained
H-1B
Electronic Commerce
The appeal was sustained because the AAO, upon de novo review, found that the beneficiary was qualified for the position. The AAO concluded ...
Beneficiary Qualifications Specialty Occupation Requirements
dismissed
H-1B
Human Resources Technology
The appeal was dismissed because the petitioner failed to provide a consistent description of the proffered position. The AAO found signific...
Specialty Occupation Definition Nature Of Specific Duties Normal Degree Requirement For Position Lca Occupational Classification
sustained
H-1B
Financial Services
The appeal was sustained because the petitioner overcame the grounds for denial by providing a detailed job description and explaining why t...
Specialty Occupation
sustained
H-1B
Civil Engineering
The Director initially denied the petition, finding the Beneficiary was not qualified for the civil engineer position. The appeal was sustai...
Beneficiary Qualifications Foreign Degree Equivalency
dismissed
H-1B
Ip Licensing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Associate IP Licensing Analyst' qualifie...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Law
The petition was denied because the petitioner failed to establish eligibility for an H-1B cap exemption. While the AAO found the petitioner...
H-1B Cap Exemption Nonprofit Research Organization Primarily Engaged In Basic Or Applied Research Tax-Exempt Status
dismissed
H-1B
Consumer Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'risk analyst' 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 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 summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact in ...
Labor Condition Application (Lca) Correspondence Prevailing Wage Determination Occupational Classification (Soc Code) Eligibility At Time Of Filing Summary Dismissal For Failure To Identify Error
dismissed
H-1B
Construction
The appeal was dismissed because the petitioner failed to establish that the proffered 'cost estimator' 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)
sustained
H-1B
Real Estate Technology
The appeal was sustained because the AAO found the petitioner successfully established the proffered position qualifies as a specialty occup...
Position'S Complexity Or Uniqueness Specialized And Complex Duties
dismissed
H-1B
Software Engineering
The appeal was dismissed because the matter was considered moot. The Petitioner had filed another H-1B petition for the same Beneficiary, an...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered position qualifies as a specialty occupation. The petitio...
Specialty Occupation Third-Party Worksite Evidence Contractual Agreements Statement Of Work
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that definitive, non-speculative specialty occupation work would be avai...
Availability Of Specialty Occupation Work Normal Degree Requirement 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 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 Degree In A Specific Specialty Sufficiently Detailed Job Duties For Third-Party Worksite
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner provided inconsistent and insufficient information regarding the minimum requirements for th...
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship, lacking evidence that it would d...
Employer-Employee Relationship Specialty Occupation Availability Of Non-Speculative Work
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO, upon de novo review, concluded that the petitioner had established the proffered position is a spe...
Specialty Occupation Definition Availability Of Work Beneficiary'S Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the original job specified in the H-1B petition and its supporting LCA was no longer available as the clien...
Availability Of Specialty Occupation Work Material Changes In Employment Requirement For Amended Petition
remanded
H-1B
Education Administration
The Director's denial was withdrawn and the case was remanded because the Director failed to first analyze the validity of the supporting La...
Specialty Occupation Lca Validity Soc Code Wage Level
sustained
H-1B
Manufacturing Engineering
The Director initially denied the petition, concluding that the Petitioner failed to establish that the proffered position of 'Engineer I - ...
Specialty Occupation
dismissed
H-1B
Hospitality Management
The AAO issued a notice of intent to dismiss (NOID) to the Petitioner. The Petitioner did not respond to the notice within the allotted time...
Specialty Occupation Abandonment For Failure To Respond To A Notice
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