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 117 of 258
sustained
H-1B
Software Development
The appeal was sustained because the AAO concluded that the petitioner had overcome the basis for the denial. The AAO found that the duties ...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'content developer' qualifies as a specia...
Definition Of Specialty Occupation Under Ina § 214(I)(1) Regulatory Criteria For Specialty Occupations Under 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Software Development
The appeal was remanded because new USCIS policy guidance regarding the employer-employee relationship was issued after the initial denial, ...
Employer-Employee Relationship Specialty Occupation Degree Requirement Third-Party Worksite Arrangements
sustained
H-1B
Biotechnology
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position of 'pharma biotechnology ...
Specialty Occupation Beneficiary Qualifications Labor Condition Application
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...
Criterion 1 (Normal Minimum Degree) Criterion 2 (Industry Standard Or Complexity) Criterion 3 (Employer'S Requirement) Criterion 4 (Specialized Duties)
remanded
H-1B
Information Technology
The appeal was remanded because new USCIS policy guidance was issued while the appeal was pending, following the court decision in Itserve A...
Employer-Employee Relationship Availability Of Qualifying Work
sustained
H-1B
Data Operations
The appeal was sustained because the AAO concluded that the proffered position of 'Assistant Director - Data Operations' qualifies as a spec...
Specialty Occupation Definition Beneficiary Qualifications
remanded
H-1B
Information Technology
The decision was remanded due to a change in USCIS policy guidance following the U.S. District Court decision in Itserve Alliance, Inc. v. C...
Employer-Employee Relationship Availability Of Work Specialty Occupation
remanded
H-1B
Software Development
The appeal was remanded because the case was affected by new USCIS policy guidance regarding the employer-employee relationship, which was i...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Software Technology
The Director initially denied the petition, concluding the proffered program manager position did not qualify as a specialty occupation. The...
Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties Beneficiary Qualifications
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer' qualifies as a spec...
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
Web Development
The Director initially denied the petition, concluding the proffered web developer role did not qualify as a specialty occupation. The AAO s...
Specialty Occupation
sustained
H-1B
Funeral And Cemetery Services
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation Specialized And Complex Duties
remanded
H-1B
Computer Science
The Director's decision was withdrawn and the case was remanded for reconsideration in light of new policy guidance resulting from the Itser...
Employer-Employee Relationship Specialty Occupation Lca Correspondence
dismissed
H-1B
Information Technology And Software Development
The appeal was dismissed as moot. The petitioner had filed a subsequent H-1B petition on behalf of the same beneficiary, and that petition w...
Specialty Occupation Employer-Employee Relationship Availability Of Specialty Occupation Work
remanded
H-1B
Information Technology
The case was remanded because a recent court decision (Itserve All., Inc. v. Cissna) and a subsequent USCIS policy rescission affected the o...
Employer-Employee Relationship Specialty Occupation Beneficiary Qualifications Material Change In Employment Labor Condition Application (Lca)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that the proffered position as a full sta...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to provide sufficient, credible evidence to establish the specific duties the benefic...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Complexity And Specialization Of Duties 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Software Development
The appeal was sustained because, upon de novo review, the AAO concluded that the proffered position is a specialty occupation. The AAO foun...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Data Analytics
The appeal was sustained because the AAO found that the petitioner successfully demonstrated the proffered position is a specialty occupatio...
Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement
sustained
H-1B
Unknown
The appeal was sustained because the AAO concluded that the petitioner had established the proffered position is a specialty occupation. The...
Specialty Occupation Availability Of Work Degree Requirement Beneficiary'S Qualifications
sustained
H-1B
Unspecified
The Director initially denied the petition, concluding the beneficiary was not qualified to perform the duties of the position. The AAO sust...
Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Research And Development
The appeal was dismissed because the matter was deemed moot. After the initial petition was denied, the petitioner filed a new H-1B petition...
Specialty Occupation Mootness
dismissed
H-1B
Music Production
The appeal was dismissed because the petitioner failed to challenge one of the independent grounds for denial, thereby abandoning that issue...
Specialty Occupation Definition Abandonment Of Appeal Grounds Material Change To Petition Beneficiary'S Degree Qualifications 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Information Technology
The decision was remanded due to a change in policy guidance following the U.S. District Court decision in Itserve Alliance, Inc. v. Cissna....
Employer-Employee Relationship Availability Of Specialty Occupation Work Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new H-1B petition for the same beneficiary, ...
Specialty Occupation
sustained
H-1B
Chemistry
The appeal was sustained because the AAO found the petitioner provided sufficient evidence to establish the proffered position of "chemist (...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Information Technology
The appeal was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) led USCIS to rescind its policy guidance on the e...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The case was remanded primarily because new USCIS policy guidance regarding H-1B petitions for workers at third-party worksites was issued a...
Specialty Occupation Non-Speculative Work Third-Party Worksite Requirements
remanded
H-1B
Information Technology
The appeal was remanded because a relevant USCIS policy memorandum concerning workers at third-party worksites was rescinded while the appea...
Specialty Occupation Third-Party Worksites
remanded
H-1B
It Consulting
The decision was remanded because the Director's denial was deemed insufficient for review. The Director failed to follow the legal standard...
Specialty Occupation Beneficiary Qualifications End-Client Job Requirements Wage Level
remanded
H-1B
Engineering
The appeal was remanded because the AAO could not make an ultimate eligibility determination due to significant issues with the Labor Condit...
Specialty Occupation Labor Condition Application (Lca) Prevailing Wage
dismissed
H-1B
Software Services
The appeal was dismissed because the petitioner failed to meaningfully challenge one of the two independent grounds for denial from the orig...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Information Technology
The case was remanded for a new decision in light of new USCIS policy guidance regarding H-1B petitions for workers at third-party worksites...
Employer-Employee Relationship Specialty Occupation Availability Of Qualifying Work Labor Condition Application (Lca) Requirements Prevailing Wage Level
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the initial petition was denied, the Petitioner filed a new petition for the same Beneficiary, which...
Specialty Occupation Mootness
remanded
H-1B
Information Technology
The appeal was remanded primarily because new USCIS policy guidance regarding H-1B petitions for third-party worksites was issued while the ...
Specialty Occupation Third-Party Worksite Requirements End-Client Job Requirements Sufficiency Of Contractual Evidence Appropriate Soc Code Prevailing Wage Level
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing specialist' position qualifies as a specia...
Normal Minimum Requirement For The Position
remanded
H-1B
Hardware And Software Manufacturing
The appeal was remanded because the record was not sufficiently developed to determine if the position qualified as a specialty occupation. ...
Specialty Occupation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code Wage Level
dismissed
H-1B
Architecture And Design
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'junior designer' position qualifies as a specialty...
Specialty Occupation Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided inconsistent and insufficient information regarding the proffered position. The rec...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Brand Management
The appeal was remanded due to new USCIS policy guidance issued while the case was pending, and because the Director erred in the specialty ...
Specialty Occupation Normal Degree Requirement For Position (Criterion 1) Lca Correspondence With Petition
remanded
H-1B
Unknown
The case was remanded because USCIS failed to process the petitioner's timely request to withdraw the initial petition. The petitioner had m...
Multiple Cap-Subject Filings
dismissed
H-1B
Marketing And Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The p...
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
Information Technology
The case was remanded for reconsideration in light of new USCIS policy guidance concerning H-1B petitions for workers at third-party worksit...
Employer-Employee Relationship Availability Of Qualifying Work
remanded
H-1B
Shipping
The appeal was remanded because while the AAO agreed with the petitioner that the position qualifies as a specialty occupation, the evidence...
Specialty Occupation Beneficiary Qualifications Degree Equivalency
dismissed
H-1B
Computer Systems Administration
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'network and computer systems administrator' ...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the Director correctly determined that the record did not establish the Beneficiary was qualified to perfor...
Beneficiary Qualifications Degree Equivalency Work Experience Equivalency Recognition Of Expertise
remanded
H-1B
Business Development
The appeal was remanded because the Director's decision appeared insufficient for review, as it did not seem to factor in additional informa...
Specialty Occupation Degree Requirement Material Change Wage Level
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish a valid employer-employee relationship. The AAO remanded the case becaus...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO determined that the petitioner successfully demonstrated the proffered software engineer position q...
Specialty Occupation Definition Degree Requirement For The Position Complexity Of Job Duties
remanded
H-1B
Information Technology
The appeal was remanded following a change in USCIS policy guidance resulting from the U.S. District Court decision in Itserve Alliance, Inc...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Construction
The Director denied the petition, concluding the proffered position did not qualify as a specialty occupation. The AAO sustained the appeal,...
Specialty Occupation
remanded
H-1B
Software Development
The Director's decision was withdrawn and the case was remanded due to new USCIS policy guidance issued following a district court ruling. A...
Specialty Occupation Lca Correspondence Soc Code Wage Level
remanded
H-1B
Software Consulting
The case was remanded because new USCIS policy guidance was issued following a district court decision, rescinding previous policies related...
Employer-Employee Relationship Specialty Occupation Third-Party Worksite
remanded
H-1B
Information Technology
The decision was remanded due to new USCIS policy guidance regarding H-1B petitions for workers at third-party worksites, which was issued w...
Specialty Occupation Third-Party Worksite Soc Code Wage Level
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'software developer' position qualifies as a specialt...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to sufficiently establish the services the beneficiary would perform. The record cont...
Specialty Occupation Definition Bachelor'S Degree Requirement Employer-Employee Relationship End-Client Work Requirements
sustained
H-1B
Data Analytics
The appeal was sustained because the AAO found that the proffered position's duties were sufficiently specialized and complex, requiring kno...
Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties
remanded
H-1B
Information Technology
The Director's decision was withdrawn and the case was remanded because the record was insufficient for review. The AAO could not determine ...
Specialty Occupation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code Petitioner'S Business Status
remanded
H-1B
Information Technology
The appeal was remanded because USCIS rescinded a policy memorandum concerning H-1B petitions for workers at third-party worksites, which af...
Specialty Occupation Availability Of Work Third-Party Worksites
remanded
H-1B
It Staffing
The case was remanded because new USCIS policy guidance regarding the employer-employee relationship for H-1B workers at third-party sites w...
Employer-Employee Relationship Specialty Occupation Availability Of Non-Speculative Work Third-Party Worksites End-Client Position Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position qualifies as a specialty occupation. The AAO found th...
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
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'product specialist' position qualifies as a specia...
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 as moot. The AAO found that the Petitioner had filed a separate H-1B petition for the same Beneficiary which was su...
Specialty Occupation
sustained
H-1B
Information Technology
The Director initially denied the petition, concluding the record did not establish that the proffered position qualified as a specialty occ...
Specialty Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition for concluding the petitioner did not establish a valid employer-employee relationship. While the...
Employer-Employee Relationship Third-Party Worksite Specialty Occupation
dismissed
H-1B
Market Research
The combined motion to reopen and reconsider was dismissed on procedural grounds because it failed to include a required statement about jud...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition on behalf of the same beneficiary, which was approved, ren...
Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was dismissed as moot. The AAO noted that the petitioner filed a subsequent H-1B petition for the same beneficiary, and that peti...
Specialty Occupation
remanded
H-1B
Information Technology
The case was remanded due to new policy guidance issued after the U.S. District Court decision in Itserve Alliance, Inc. v. Cissna. This new...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Business Analysis
The appeal was sustained because the petitioner provided sufficient evidence, including a detailed job description, to establish that the pr...
Specialty Occupation
dismissed
H-1B
Semiconductor Design
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing due to an invalid Labor Condition Appl...
Labor Condition Application (Lca) H-1B Dependency Status Specialty Occupation
sustained
H-1B
Automobile Rental And Leasing
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered sourcing manager position qual...
Specialty Occupation
dismissed
H-1B
Cleaning And Painting Services
The appeal was dismissed because the petitioner did not establish that the proffered 'management 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
dismissed
H-1B
Computer Science
The motion to reconsider was dismissed because the petitioner failed to establish that the proffered position of 'computer user program anal...
Specialty Occupation Definition Job Duties Labor Condition Application (Lca) Standard Occupation Classification (Soc) Code O*Net Job Zone Prevailing Wage Level
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. The AAO found that the petitioner had filed a new I-129 petition on behalf of the beneficiary, which was s...
Specialty Occupation
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. Although the initial petition was denied because the position was not found to be a specialty occupation, ...
Specialty Occupation Mootness
dismissed
H-1B
Hris
The appeal was dismissed because the petitioner failed to consistently establish the duties the beneficiary would perform. The petitioner pr...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Hiring Requirements Complexity And Specialization Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed due to material inconsistencies and a lack of specificity regarding the beneficiary's duties, which prevented a det...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the position as a specialty occupation. The initially stated degree requ...
Normal Degree Requirement For Position Industry-Common Degree Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
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...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Specialty Occupation
The appeal was dismissed because the issue was deemed moot. Subsequent to filing the appeal, the beneficiary became a lawful permanent resid...
Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the appeal was filed, the beneficiary became a lawful permanent resident, which rendered the pursuit...
Specialty Occupation Mootness
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new H-1B petition for the same beneficiary w...
Specialty Occupation
sustained
H-1B
Manufacturing
The appeal was sustained because the AAO concluded that the position's duties are so specialized and complex that the knowledge required to ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Electronic Design Automation
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'associate applications engineer' qualifi...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
remanded
H-1B
Environmental Testing
The appeal was remanded because a new court decision (Itserve Alliance, Inc. v. Cissna) led to the rescission of prior USCIS policy guidance...
Specialty Occupation Third-Party Worksite
remanded
H-1B
Software Consulting
The initial denial was based on the petitioner's failure to establish an employer-employee relationship. The AAO remanded the case because a...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because the AAO concluded that the petitioner successfully demonstrated the proffered position is a specialty occup...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. After the director denied the initial petition, the petitioner filed a new Form I-129 for the same benefic...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was summarily dismissed on procedural grounds because the petitioner failed to submit a brief or additional evidence. The petitio...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. The AAO noted that the petitioner had filed another, subsequent H-1B petition for t...
Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because upon de novo review, the AAO found that the petitioner provided sufficient evidence to establish the availa...
Specialty Occupation Definition Availability Of Work Beneficiary Qualifications
remanded
H-1B
Software Solutions
The Director's decision was withdrawn and the matter was remanded for a new decision. The remand was prompted by a change in USCIS policy re...
Specialty Occupation Third-Party Worksite
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'sr. software engineer' qualifies as a sp...
Specialty Occupation Sufficiently Detailed Job Duties End-Client Work Requirements
dismissed
H-1B
Architecture
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'architectural drafter' qualifies as a sp...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not provide sufficient evidence to establish the specific services the beneficiary would...
Specialty Occupation Definition Bachelor'S Degree Requirement Duties Of The Position Third-Party Worksite Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO concluded that the petitioner had established the proffered position as a specialty occupation. The...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because it was deemed moot. After the initial denial, the petitioner filed a new H-1B petition for the same benefic...
Specialty Occupation
dismissed
H-1B
Optics And Photonics
The Director initially denied the petition, concluding the proffered position of 'exhibit operations coordinator' was not a specialty occupa...
Specialty Occupation
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