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 116 of 258
dismissed
H-1B
Management Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'management analyst' position qualifies as a specialt...
Normal Degree Requirement For Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4))
remanded
H-1B
Staffing
The appeal was remanded because a recent court decision and subsequent USCIS policy memorandum changed the guidance for evaluating the emplo...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner had filed another H-1B petition for the same beneficiary, which was subsequently approved, ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement For Position
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 d...
Specialty Occupation Bachelor'S Degree Requirement
dismissed
H-1B
Biopharmaceutical
The motion to reopen was dismissed because the petitioner did not present new facts, but rather restated old arguments and submitted additio...
Specialty Occupation Motion To Reopen Requirements Motion To Reconsider Requirements
remanded
H-1B
Investment Management
The initial denial was based on the petitioner failing to establish a valid employer-employee relationship. However, while the appeal was pe...
Employer-Employee Relationship
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'staff accountant' position qualifies as a specialt...
Specialty Occupation
remanded
H-1B
Information Technology
The decision was withdrawn and the case was remanded for a new decision following the issuance of new USCIS policy guidance regarding the em...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Specialty Occupation
The appeal was sustained because the petitioner overcame the director's denial by establishing the proffered position qualifies as a special...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) Specialty Occupation Definition
remanded
H-1B
Database Administration
The decision was remanded for reconsideration in light of new policy guidance regarding the employer-employee relationship, which was issued...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Employer-Employee Relationship Minimum Educational Requirements
remanded
H-1B
Information Technology
The appeal was remanded because the AAO found the record insufficient to determine if the proffered position qualifies as a specialty occupa...
Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Software Development
The Director denied the petition for not establishing a valid employer-employee relationship. The case was remanded because USCIS issued new...
Employer-Employee Relationship Specialty Occupation Labor Condition Application (Lca) End-Client Job Requirements
remanded
H-1B
Software Engineering
The appeal was remanded following a federal court decision (Itserve Alliance, Inc. v. Cissna) and a subsequent USCIS policy memorandum that ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Business Development
The appeal was dismissed because the wage level on the Labor Condition Application (LCA) did not correspond with the position's actual requi...
Employer-Employee Relationship Labor Condition Application (Lca) Specialty Occupation
dismissed
H-1B
Electronic Security Systems
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems engineer' position qualifies as a specialty ...
Normal Minimum Educational Requirement For The Position Industry Standard For Parallel Positions Complexity Or Uniqueness Of The Position Employer'S Normal Hiring Requirement For The Position Specialized And Complex Nature Of The Duties
remanded
H-1B
Computer Science
The decision was withdrawn and the case was remanded due to a change in USCIS policy. Following a federal court decision (Itserve Alliance, ...
Employer-Employee Relationship Specialty Occupation Lca Wage Level
remanded
H-1B
Information Technology
The case was remanded because a recent court decision and subsequent USCIS policy change affected the evaluation of the employer-employee re...
Specialty Occupation Employer-Employee Relationship
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO concluded that the petitioner successfully demonstrated the proffered position of payment platform ...
Specialty Occupation Labor Condition Application (Lca) Compliance
remanded
H-1B
Construction Consulting
The appeal was remanded because new policy guidance regarding the employer-employee relationship was issued while the appeal was pending. Th...
Employer-Employee Relationship Specialty Occupation Availability Of Specific Work Expert Opinion Letter
sustained
H-1B
Power Supply Technology
The appeal was sustained because the AAO concluded that the petitioner had valid work available and that the position's duties are so specia...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Software Engineering
The appeal was sustained because a review of the beneficiary's academic credentials and the position's duties established that the beneficia...
Beneficiary Qualifications Specialty Occupation Degree Requirement Experience Equivalency
sustained
H-1B
Software Engineering
The appeal was sustained because the petitioner overcame the basis for denial by providing a detailed job description and explaining why the...
Specialty Occupation Bachelor'S Or Higher Degree Requirement Specialized And Complex Duties
sustained
H-1B
Information Technology
The appeal was sustained because the AAO found that the petitioner successfully demonstrated the proffered position qualifies as a specialty...
Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Information Technology
The case was remanded for a new decision because it was affected by new policy guidance concerning the employer-employee relationship. Follo...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because it was deemed moot. The record indicated that the Petitioner had filed a separate H-1B petition for the sam...
Specialty Occupation
sustained
H-1B
Software Engineering
The appeal was sustained because the Petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation
dismissed
H-1B
Mobile Game Development
The appeal was dismissed because the petitioner failed to prove that the proffered 'associate product manager' position qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Marketing
The appeal was sustained because the AAO concluded that the evidence demonstrated the proffered position of 'product marketing manager' qual...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) Specialty Occupation
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO determined that the proffered position of business analyst qualifies as a specialty occupation. The...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Financial Services
The appeal was sustained because the petitioner established that the proffered position of business analyst qualifies as a specialty occupat...
Specialty Occupation
remanded
H-1B
Software Development
The case was remanded following a new USCIS policy memorandum that resulted from the federal court decision in Itserve Alliance, Inc. v. Cis...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Application Development
The appeal was dismissed as moot. The AAO noted that subsequent to the denial, the Petitioner submitted a new Form I-129 on behalf of the Be...
Specialty Occupation
remanded
H-1B
Information Technology
The Director's decision was withdrawn and the matter was remanded for a new decision. This was prompted by a U.S. District Court ruling (Its...
Specialty Occupation Third-Party Worksite
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. The decision notes that the Petitioner filed a subsequent H-1B petition on behalf of the same Beneficiary,...
Specialty Occupation
dismissed
H-1B
Medical Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'endoscope design engineer' qualifies as ...
Normal Degree Requirement For The Particular Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex That It Requires A Degree
remanded
H-1B
Information Technology
The appeal was remanded following a federal court decision (Itserve Alliance, Inc. v. Cissna) which prompted USCIS to rescind its policy gui...
Specialty Occupation Third-Party Worksites
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO determined that the totality of the evidence established the proffered position qualified as a spec...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence detailing the specific services the beneficiary would ...
Specialty Occupation Definition Third-Party Worksite Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Data Analytics
The appeal was sustained because the AAO, upon de novo review, concluded the petitioner had established the proffered position as a specialt...
Specialty Occupation
remanded
H-1B
Software Development
The case was remanded because new policy guidance was issued regarding the employer-employee relationship following a district court decisio...
Employer-Employee Relationship Beneficiary Qualifications Foreign Degree Equivalency Specialty Occupation Availability Of Work
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not provide a sufficiently detailed description of the proposed duties for the 'customer...
Specialty Occupation
remanded
H-1B
Software Analytics
The case was remanded because of new policy guidance regarding the employer-employee relationship, which was the basis for the initial denia...
Employer-Employee Relationship Specialty Occupation Educational Requirements Industry Standard Hiring Practices
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence of the actual work the beneficiary would perform for a...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient and consistent evidence about the services the beneficiary woul...
Specialty Occupation Third-Party Worksite Requirements Sufficiency Of Evidence Of Job Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the beneficiary is qualified for the specialty occupation position. The peti...
Beneficiary Qualifications Equivalency To U.S. Bachelor'S Degree Combination Of Education And Experience Expert Opinion Letters
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered project manager position qualifies as a specialty occ...
Specialty Occupation Definition Availability Of Specialty Occupation Work Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Information Technology
The appeal was remanded because a recent court decision and subsequent rescission of policy memoranda by USCIS changed the way the employer-...
Employer-Employee Relationship
remanded
H-1B
Information Technology
The appeal was remanded because of a change in policy guidance following a federal court decision (Itserve Alliance, Inc. v. Cissna). This n...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Biofuels
The appeal was dismissed because the petitioner failed to establish that the proffered business analyst position qualifies as a specialty oc...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty Normal Minimum Entry Requirement (First Criterion) Common To The Industry (Second Criterion) Employer'S Normal Requirement (Third Criterion) Specialized And Complex Duties (Fourth Criterion)
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to establish the proffered position of business analyst as a specialty occupation. Th...
Normal Degree Requirement For The Position Degree In A Specific Specialty Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'tools developer' 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)
dismissed
H-1B
Telecommunications
The appeal was dismissed because the petitioner failed to prove that the proffered 'engineer II' position qualifies as a specialty occupatio...
Normal Minimum Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
remanded
H-1B
Software Development
The case was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) led to the rescission of USCIS policy guidance rega...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish an employer-employee relationship and for not proving the position quali...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The appeal was remanded following a change in USCIS policy. A new policy memorandum regarding H-1B petitions for workers at third-party work...
Specialty Occupation Third-Party Worksite
remanded
H-1B
Information Technology
The appeal was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) prompted USCIS to rescind its policy guidance on ...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The Director's decision was withdrawn and the case was remanded. The remand was issued because of new USCIS policy guidance following a fede...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Pharmacy
The appeal was remanded because the Director's initial decision was deemed insufficient for review. The AAO instructed the Director to first...
Specialty Occupation Beneficiary Qualifications Lca Correspondence Soc Code Selection Wage Level
remanded
H-1B
Information Technology
The appeal was remanded because USCIS rescinded its policy guidance regarding H-1B petitions for workers at third-party worksites while the ...
Employer-Employee Relationship Specialty Occupation Availability Of Work
dismissed
H-1B
Esports
The appeal was dismissed because the petitioner did not address the director's decision to dismiss a motion to reopen and reconsider, which ...
Beneficiary Qualifications Motion To Reopen Motion To Reconsider
dismissed
H-1B
Computer Network Support
The appeal was dismissed because the Petitioner failed to establish that the proffered position of Computer Network Support Specialist quali...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
sustained
H-1B
Technical Instrumentation Manufacturing
The appeal was sustained because the petitioner provided a detailed job description and successfully argued that the duties, within its spec...
Specialty Occupation Specialized And Complex Duties
sustained
H-1B
Pharmaceuticals
The appeal was sustained because upon de novo review, the AAO found the petitioner successfully established the proffered position qualifies...
Specialty Occupation Specialized And Complex Duties Requiring A Bachelor'S Degree
sustained
H-1B
Software Development
The initial denial was based on the conclusion that the Beneficiary was not qualified to perform services in a specialty occupation. The AAO...
Beneficiary Qualifications Foreign Degree Equivalency
sustained
H-1B
Investment Banking
The appeal was sustained because the AAO concluded, upon de novo review, that the petitioner had established the proffered 'Analyst' positio...
Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Market Research
The appeal was remanded because the Director incorrectly denied the petition based on the beneficiary's qualifications without first determi...
Specialty Occupation Definition Beneficiary Qualifications Detailed Job Duties Specific Degree Requirement
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'project manager' position qualifies as a specialty o...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Software Development
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation Bachelor'S Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Information Technology
The Director initially denied the petition, finding that the proffered position did not qualify as a specialty occupation. The matter was re...
Specialty Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition, concluding the evidence was insufficient to establish that the 'solution developer' position qua...
Specialty Occupation
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner, a financial news publisher, failed to establish that the proffered 'technical sales special...
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)
remanded
H-1B
Software Technology
The case was remanded because the AAO identified new issues not previously addressed by the Director. These issues include potential non-com...
Specialty Occupation Lca Compliance Educational Requirements
remanded
H-1B
Real Estate / Gis
The Director denied the petition based on the belief that the petitioner filed multiple petitions for the same beneficiary in the same fisca...
Prohibition On Multiple Filings
sustained
H-1B
Business Analytics
The appeal was sustained because the petitioner successfully demonstrated that the proffered position of reporting analytics and compliance ...
Specialty Occupation Specialized And Complex Duties
dismissed
H-1B
Data Science
The appeal was dismissed because the petitioner failed to prove that the proffered 'data scientist' position qualifies as a specialty occupa...
Normal Minimum Degree Requirement Industry Standard For Parallel Positions Complexity Or Uniqueness Of The Position Employer'S Normal Degree Requirement Specialized And Complex Duties
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
remanded
H-1B
Information Technology
The appeal was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) led to a change in USCIS policy regarding the emp...
Employer-Employee Relationship Specialty Occupation Work Availability
dismissed
H-1B
Software Development
The appeal was dismissed as moot. The AAO noted that the Petitioner had filed another H-1B petition for the same Beneficiary, which was subs...
Beneficiary Qualifications Mootness
sustained
H-1B
Finance And Strategy
The appeal was sustained because the petitioner established that the proffered position of lead manager, finance and strategy, qualifies as ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'business development specialist' quali...
Specialty Occupation Definition Regulatory Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to prove the proffered 'business analyst' position qualifies as a specialty occupatio...
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, an IT consulting company placing the beneficiary at an end-client site, failed to provide s...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Hospitality Management
The decision was withdrawn and the case was remanded for further review. The AAO instructed the Director to determine whether the submitted ...
Specialty Occupation Labor Condition Application (Lca) Correspondence Wage Level Occupational Classification
dismissed
H-1B
Management Analysis
The appeal was dismissed primarily because the petitioner failed to challenge the Director's finding that the position did not meet the stat...
Specialty Occupation Definition Beneficiary Qualifications Foreign Degree Translation Degree Equivalency
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Or Unique Nature Of Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Consulting
The appeal was dismissed due to a procedural issue regarding the validity of the signature on the appeal form. The AAO found significant dis...
Valid Signature Legal Standing To Appeal
remanded
H-1B
Network Analysis
The decision was remanded because of new policy guidance resulting from the Itserve Alliance, Inc. v. Cissna court decision, which affected ...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The matter was remanded following a district court decision (Itserve Alliance, Inc. v. Cissna) which led USCIS to rescind its policy guidanc...
Specialty Occupation Third-Party Worksite
sustained
H-1B
Nanomanufacturing
The appeal was sustained because the Petitioner successfully demonstrated that the proffered position of 'technical trainer (technical publi...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Information Technology
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered 'SAP Business One consultant' position qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
sustained
H-1B
Unknown
The appeal was sustained because the AAO found the petitioner had a legitimate business need to file a second petition after a common carrie...
Multiple H-1B Filings (8 C.F.R. § 214.2(H)(2)(I)(G)) Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A))
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish an employer-employee relationship and not demonstrating that qualifying ...
Employer-Employee Relationship Availability Of Qualifying Work Specialty Occupation
sustained
H-1B
Business Analysis
The Director initially denied the petition, concluding the proffered business analyst position did not qualify as a specialty occupation. Up...
Specialty Occupation
remanded
H-1B
Software Development
The Director's decision was withdrawn and the case was remanded for a new decision. This was due to a change in USCIS policy guidance regard...
Specialty Occupation Third-Party Worksites
dismissed
H-1B
Wholesale Goods
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'chief executive officer' qualifies as a spec...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
remanded
H-1B
Food Processing
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director failed to follow the proper legal s...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Pharmaceutical Marketing Analytics
The appeal was sustained because the AAO determined that the proffered analyst/consultant position met the requirements of a specialty occup...
Specialty Occupation Bachelor'S Degree Or Equivalent Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
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
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