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 109 of 258
remanded
H-1B
Computer Systems Analysis
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director failed to first analyze whether the...
Specialty Occupation Beneficiary'S Qualifications
dismissed
H-1B
Fuel Cell Engineering
The appeal was dismissed because the petitioner, a staffing company, failed to provide sufficient evidence from the end-client to prove the ...
Specialty Occupation Employer-Employee Relationship
sustained
H-1B
Internet Technology
The Director initially denied the petition, concluding the petitioner did not establish that the beneficiary was qualified for the proffered...
Beneficiary Qualifications
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 pet...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Software Technologies
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Business Operations Program Manager' qua...
Degree In A Specific Specialty 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 establish that the proffered position of 'systems analyst' 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
Engineering
The appeal was dismissed because the petitioner did not establish that the proffered position qualifies as a specialty occupation. The evide...
Specialty Occupation Employer-Employee Relationship Requirement Of A Bachelor'S Or Higher Degree In A Specific Specialty Complexity And Specificity Of Job 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 Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Nature Of Duties
dismissed
H-1B
Environmental Testing
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Environmental Testing
The appeal was dismissed because the petitioner failed to establish that the proffered position of "systems analyst" 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
Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'vice president - strategy and business' ...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) Inconsistencies In Job Duty Description
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that definitive, non-speculative specialty occupation work would be avai...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Non-Speculative Work
remanded
H-1B
Medical Coding
The appeal was remanded because the AAO found the Director's denial, which was based on the beneficiary's qualifications, to be premature. T...
Lca Correspondence Soc Code Selection Wage Level
remanded
H-1B
Data Analysis
The decision was remanded because the Director improperly denied the petition based on the beneficiary's qualifications without first determ...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Securities And Trading
The appeal was sustained because the AAO concluded the proffered position qualifies as a specialty occupation. The AAO found that the specif...
Specialty Occupation 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 establish the existence of definitive, non-speculative employment for the benefici...
Specialty Occupation Definition Normal Degree Requirement For Position Industry-Common Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Non-Speculative Employment For End-Client Work
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the existence of definitive, non-speculative employment for the benefici...
Specialty Occupation Employer-Employee Relationship Speculative Employment Baccalaureate Degree Normally Minimum Requirement Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
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 evi...
Specialty Occupation Definition Employer-Employee Relationship Non-Speculative Employment Third-Party Worksite Requirements
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...
Specialty Occupation Definition Nature Of Specific Duties Is Specialized And Complex Existence Of Non-Speculative Work
sustained
H-1B
Information Technology
The appeal was sustained because the Petitioner successfully demonstrated that the position's duties are sufficiently specialized and comple...
Specialty Occupation
dismissed
H-1B
Marine Surveying
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'marine cargo surveyor' 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
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. A key r...
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
Software Development
The appeal was remanded because the Director's initial denial was based on a factual error, incorrectly identifying the occupational title o...
Lca Correspondence Specialty Occupation Availability Of Non-Speculative Work End-Client Requirements
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of "software QA engineer 2" qualifies as a s...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
dismissed
H-1B
Computer Systems Analysis
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'project leader 2' qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
remanded
H-1B
Software Development
The appeal was remanded because while the AAO found the petitioner did establish the position as a specialty occupation, the Director's init...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Management Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management analyst' qualifies as a speci...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Religious Media Production
The appeal was dismissed because the petitioner, a church, failed to demonstrate that the proffered 'producer' position 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) 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 establish a valid employer-employee relationship with the beneficiary. The record ...
Employer-Employee Relationship Availability Of Specialty Occupation Work
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new Form I-129 petition for the same benefic...
Mootness Labor Condition Application (Lca)
sustained
H-1B
Facility Management
The appeal was sustained because the petitioner successfully demonstrated that the position qualifies as a specialty occupation. The record ...
Specialty Occupation Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'engagement manager' qualifies as a speci...
Normal Minimum Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Education Administration
The motion to reconsider was dismissed as moot because the Beneficiary's application for permanent residence (Form I-485) had already been a...
Extension Of Status Beyond Six Years 8 C.F.R. § 214.2(H)(13)(Iii)(D) 8 C.F.R. § 214.2(H)(13)(Iii)(E)
sustained
H-1B
Software/Internet Technologies
The appeal was sustained because upon de novo review, the AAO found that the petitioner had established the beneficiary's qualifications for...
Specialty Occupation Beneficiary'S Qualifications Foreign Degree Equivalency
sustained
H-1B
Unknown
The appeal was sustained because the AAO, upon de novo review, concluded that the proffered position qualifies as a specialty occupation. Th...
Specialty Occupation Specialized And Complex Duties
dismissed
H-1B
Engineering
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
sustained
H-1B
Software Development
The Director denied the petition, concluding the petitioner did not establish that the proffered 'software application developer' position i...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The r...
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 Employer-Employee Relationship
remanded
H-1B
Market Research
The appeal was remanded because the Director's decision was insufficient for review. The Director denied the petition based on the beneficia...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Software Engineering
The appeal was dismissed because the beneficiary did not qualify for the H-1B Master's Cap exemption. The university that awarded the benefi...
Master'S Cap Exemption Accreditation Of Institution Definition Of Institution Of Higher Education
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate it had definitive, non-speculative work for the beneficiary for the re...
Specialty Occupation Employer-Employee Relationship Availability Of Non-Speculative Work
sustained
H-1B
Competitive Intelligence Analysis
The appeal was sustained because the AAO concluded that the petitioner successfully demonstrated the position of 'senior competitive intelli...
Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered 'research 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
Information Technology
The appeal was dismissed because the beneficiary's original work assignment terminated, constituting a material change in employment that re...
Valid Labor Condition Application (Lca) Material Change In Employment Eligibility At Time Of Filing
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 pet...
Specialty Occupation Definition Employer-Employee Relationship Beneficiary'S Qualifications 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Software Services
The appeal was sustained because the petitioner successfully established that the proffered position of 'Manager, Professional Services' qua...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Manufacturing / Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'global purchasing analyst' qualifies as ...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For Position
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'staff accountant' position qualifies as a specialty ...
Normally Requires A Degree Common To The Industry
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'credit analyst' position qualifies as a specialty ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Software Consulting
The appeal was dismissed because it was deemed moot. A subsequent Form I-129 petition filed by the same petitioner for the same beneficiary ...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Or Higher Degree Requirement
dismissed
H-1B
Software Consulting
The appeal was dismissed as moot. USCIS records indicated that a subsequent Form I-129 petition filed by the Petitioner for the same Benefic...
Mootness Specialty Occupation
dismissed
H-1B
Software Consulting
The appeal was dismissed because the issue was considered moot. A subsequent Form I-129 petition filed by the Petitioner for the same Benefi...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to provide sufficient evidence of the specific services the beneficiary would perform...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Duties Are Specialized And Complex
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that a specialty occupation position existed for the beneficiary at the ...
Normal Degree Requirement For The Position Industry Standard Or Unique/Complex Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'technical analyst' position qualifies as a specialty...
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 establish that the proffered 'technical analyst' position qualifies as a specialty...
Ina § 214(I)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Engineering
The appeal was sustained because the AAO concluded that the petitioner established the 'sales engineer' position qualifies as a specialty oc...
Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement
dismissed
H-1B
International Wire Transfers
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations manager' 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 Consulting
The appeal was dismissed as moot. The AAO noted that a subsequent Form I-129 petition filed by the same petitioner for the same beneficiary ...
Mootness
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
sustained
H-1B
Banking
The appeal was sustained because the petitioner provided a detailed job description and work samples demonstrating the specialized and compl...
Specialty Occupation Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to sufficiently establish the substantive nature of the work the beneficiary would pe...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
sustained
H-1B
Information Technology
The Director initially denied the petition, finding the proffered position of 'software quality engineer 1' did not qualify as a specialty o...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity Beneficiary Qualifications
dismissed
H-1B
Management Analysis
The appeal was dismissed as moot. USCIS records indicated that the Petitioner had filed a separate H-1B petition for the same Beneficiary, w...
Labor Condition Application (Lca) Correspondence Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that a definitive, non-speculative job existed for the beneficiary at th...
Specialty Occupation Employer-Employee Relationship Non-Speculative Employment
remanded
H-1B
Information Technology
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director denied the petition based on the be...
Specialty Occupation Employer-Employee Relationship Beneficiary'S Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to sufficiently establish the substantive nature of the work the beneficiary would pe...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish the availability of definitive, non-speculative specialty occupation wor...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Availability Of Specialty Occupation Work
dismissed
H-1B
Interior Design
The appeal was dismissed because the petitioner failed to establish that the 'junior designer' position qualifies as a specialty occupation....
Specialty Occupation Definition Regulatory Criteria For Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A)) O*Net Occupational Data Complexity Of Job Duties
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation
dismissed
H-1B
Software Quality Assurance
The appeal was dismissed because the petitioner failed to establish that non-speculative work was available for the beneficiary throughout t...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided inconsistent information regarding the proffered position's duties and minimum educ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Recreation Management
The Director denied the petition, finding the position's duties did not correspond to the SOC code for 'Recreation Workers' on the LCA. The ...
Specialty Occupation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner provided inconsistent evidence regarding the minimum educational requirements for the 'perfo...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer systems 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
Computer Science
The appeal was dismissed because the petitioner failed to meet its burden of proof by not providing specific arguments or evidence to demons...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position The Degree Requirement Is Common To The Industry For Parallel Positions The Employer Normally Requires A Degree For The Position The Specific Duties Are So Specialized And Complex That They Require Knowledge Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Software
The appeal was dismissed because the petitioner failed to prove the proffered 'product manager' position qualifies as a specialty occupation...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Computer Science
The appeal was dismissed because the submitted Labor Condition Application (LCA) did not reflect the correct prevailing wage for the occupat...
Certified Lca Availability Of Specialty Occupation Work Specialty Occupation Definition
dismissed
H-1B
Programmer Analyst
The appeal was dismissed as abandoned. The initial denial was based on the position of "SAS programmer analyst" not qualifying as a specialt...
Specialty Occupation Abandonment
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'digital marketing engineer' position qualifies as a ...
Normal Minimum Requirement Of A Baccalaureate Degree For The Particular 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 demonstrate that the proffered position of 'performance engineer' qualifies as a s...
Specialty Occupation Employer-Employee Relationship Availability Of Work At A Third-Party Site Baccalaureate Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Are So Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered 'software developer' position qualifies as a specialty occupat...
Specialty Occupation Employer-Employee Relationship
remanded
H-1B
Management Consulting
The Director's decision to deny the petition based on the itinerary requirement was withdrawn, as the AAO found the petitioner's explanation...
Itinerary Requirement Specialty Occupation
dismissed
H-1B
Transportation Services
The appeal was dismissed primarily because the Labor Condition Application (LCA) did not correspond to the H-1B petition. The Petitioner des...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Degree Requirement Employer'S Degree Requirement Specialized And Complex Duties Lca Wage Level Correspondence
dismissed
H-1B
Cloud Computing
The appeal was dismissed as moot. USCIS records indicated that the Petitioner had filed a separate H-1B petition for the same Beneficiary wh...
Specialty Occupation
dismissed
H-1B
Media
The appeal was dismissed because the issue was considered moot. USCIS records indicated that the petitioner filed another H-1B petition for ...
Specialty Occupation
dismissed
H-1B
Poultry Processing
The appeal was dismissed because the petitioner failed to establish that the proffered 'production superintendent' position qualifies as a s...
Specialty Occupation Minimum Degree Requirement Wage Level
dismissed
H-1B
Software Engineering
The appeal was dismissed as moot. The AAO found that the petitioner had filed another H-1B petition for the same beneficiary, which was appr...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. USCIS records indicated that the petitioner had filed another H-1B petition on behalf of the same benefici...
Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as abandoned. The AAO sent a request to the Petitioner to verify its intent to pursue the appeal, but the Petitione...
Specialty Occupation Abandonment
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. After the initial petition was denied, the Petitioner filed a new I-129 petition on behalf of the same Ben...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform. The su...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Requirement Specialized And Complex Duties
sustained
H-1B
Industrial Flow Management
The appeal was sustained because the petitioner successfully established that the proffered 'Strategy Analyst' position qualifies as a speci...
Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties
sustained
H-1B
Unknown
The appeal was sustained because the AAO, upon de novo review, found that the petitioner had overcome the basis for the denial. The record e...
Specialty Occupation Beneficiary Qualifications Foreign Degree Equivalency
dismissed
H-1B
Information Technology
The appeal was dismissed because the issue was rendered moot. The Beneficiary's application for lawful permanent residence was approved, so ...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'WebSphere Administrator/AWS Admin' qualifies...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform at the ...
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 establish that the proffered position of 'solution architect' qualifies as a speci...
Specialty Occupation Definition Degree Requirement Normal For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Valid Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the proffered System Administrator ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner changed the beneficiary's worksite and end-client, which constituted a material change requi...
Material Change In Employment Employer-Employee Relationship Specialty Occupation Availability Of Work
Turn fresh precedent into a stronger draft
MeritDraft uses recent AAO decisions to help attorneys and self-petitioners draft better O-1 and NIW arguments faster.
Start Free Trial →