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 118 of 258
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the appeal was filed, records indicated that the beneficiary had become a lawful permanent resident,...
Specialty Occupation
dismissed
H-1B
Data Analysis
The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had already been approved, ren...
Specialty Occupation Mootness
remanded
H-1B
Database Administration
The decision was remanded for reconsideration in light of new policy guidance. Following a district court decision in Itserve Alliance, Inc....
Specialty Occupation Requirements Employer-Employee Relationship Non-Speculative Work Third-Party Worksite Requirements
dismissed
H-1B
Management Consulting
The appeal was dismissed because it was considered moot. The petitioner filed a subsequent H-1B petition for the same beneficiary, which was...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed as abandoned because the Petitioner did not respond to an AAO request to verify its intent to pursue the appeal. Th...
Specialty Occupation Abandonment
dismissed
H-1B
Data Science
The appeal was dismissed because the petitioner failed to prove that a specialty occupation position was available for the beneficiary at th...
Specialty Occupation Definition Availability Of Work At Time Of Filing Sufficiently Specialized Duties Third-Party Worksite Requirements
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. After the appeal was filed, the Beneficiary became a lawful permanent resident, mak...
Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to prove the proffered 'software engineer' position qualifies as a specialty occupati...
Non-Speculative Work Availability Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criteria
dismissed
H-1B
Clinical Informatics
The appeal was dismissed because the petitioner did not adequately establish the specific services the beneficiary would perform. The record...
Specialty Occupation Definition Clarity Of Job Duties Minimum Educational Requirements Consistency Of Evidence
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'senior data analyst' qualifies as a spec...
Specialty Occupation Definition Normal Minimum Educational Requirement (Criterion 1) Industry Standard Requirement Or Position Complexity (Criterion 2) Employer'S Normal Hiring Requirement (Criterion 3) Nature Of The Specific Duties (Criterion 4)
dismissed
H-1B
Marketing
The appeal was dismissed because the proffered position of 'senior retail shopper marketing manager' did not qualify as a specialty occupati...
Normal Minimum Requirement For The Position Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex Requirement For A Degree In A Specific Specialty
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary, and that petition was approv...
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 made further pursuit...
Specialty Occupation
sustained
H-1B
Decision Management
The appeal was sustained because the AAO determined that the totality of the evidence established the position qualified as a specialty occu...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Research
The appeal was dismissed as moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary which was approved, rendering...
Specialty Occupation
sustained
H-1B
Machine Learning Engineer
The appeal was sustained because the AAO determined that the petitioner successfully established the proffered position of 'machine learning...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Business Analysis
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition for the same beneficiary which was approved, rendering fur...
Specialty Occupation
sustained
H-1B
Product Management
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position of 'product manager' qual...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Software Development
The appeal was dismissed because it was considered moot. A subsequent H-1B petition filed by the same petitioner on behalf of the same benef...
Beneficiary'S Qualifications Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was deemed moot. The petitioner had filed another H-1B petition for the same beneficiary, which w...
Specialty Occupation
dismissed
H-1B
Business Analysis
The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had already been approved, ren...
Specialty Occupation
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 pet...
Specialty Occupation Definition Bachelor'S Degree Requirement Sufficiently Detailed Job Duties 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Clinical Research
The appeal was dismissed because the petitioner failed to establish that the proffered 'associate consultant' position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
sustained
H-1B
Software Engineering
The Director initially denied the petition, concluding the Beneficiary was not qualified for the position. Upon de novo review, the AAO sust...
Beneficiary'S Qualifications Foreign Degree Equivalency Specialty Occupation
dismissed
H-1B
Wealth Management
The appeal was dismissed because the petitioner failed to establish that the 'content and communications director' position qualifies as a s...
Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management analyst' qualifies as a speci...
Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Software Technology
The appeal was dismissed because the Petitioner did not establish that the proffered "product market manager" 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 because the petitioner provided inconsistent information regarding the position's duties. The described responsibil...
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 evidence to establish the specific services the beneficiary wou...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The AAO found that the petitioner had filed a duplicate appeal that previously addressed the grounds for t...
Specialty Occupation Mootness Duplicate Appeal Filing
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish the specific services the beneficiary wou...
Specialty Occupation Definition Bachelor'S Or Higher Degree Requirement Sufficiency Of Evidence For Services To Be Performed Third-Party Worksite Requirements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'operations center engineer' qualifies as...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A))
remanded
H-1B
Information Technology
The case was remanded because new USCIS policy guidance was issued while the appeal was pending. This new policy, resulting from the Itserve...
Availability Of Qualifying Work Employer-Employee Relationship Third-Party Worksites
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner incorrectly classified the proffered position as a Level I wage on the Labor Condition Appli...
Lca Correspondence Prevailing Wage Level
dismissed
H-1B
Apparel
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'strategic market research analyst' position qualif...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
remanded
H-1B
Information Technology
The appeal was remanded following a federal court decision (Itserve Alliance, Inc. v. Cissna) that led to USCIS rescinding its policy guidan...
Specialty Occupation Third-Party Worksite
dismissed
H-1B
Chemical Engineering
The appeal was dismissed because the beneficiary's work assignment changed to a new end-client after the petition was filed, constituting a ...
Specialty Occupation Employer-Employee Relationship Material Change In Employment Eligibility At Time Of Filing Valid Labor Condition Application (Lca)
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner provided inconsistent and insufficient evidence regarding its business operations and the se...
Specialty Occupation Definition Regulatory Criteria At 8 C.F.R. § 214.2(H)(4)(Iii)(A)
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...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner provided inconsistent information regarding its number of employees, making it difficult to ...
Specialty Occupation Bachelor'S Degree Requirement Nature Of Duties
sustained
H-1B
Business Administration
The appeal was sustained because the AAO determined that the petitioner successfully demonstrated the proffered position qualifies as a spec...
Proffered Position Qualifies As A Specialty Occupation Beneficiary'S Qualifications For The Position
dismissed
H-1B
Computer Science
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
Financial Services
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'financial solutions analyst' qualifies as a ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide sufficient, specific information about the proffered position of 'systems ...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the beneficiary was exempt from the annual H-1B numerical cap. The beneficia...
H-1B Cap Exemption Master'S Cap U.S. Institution Of Higher Education
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform at the ...
Specialty Occupation Requirements End-Client Work Requirements
dismissed
H-1B
Mechanical Engineering
The motions to reopen and reconsider were dismissed. The AAO determined the petitioner did not meet the procedural requirements for filing t...
Specialty Occupation Motion To Reopen Motion To Reconsider Labor Condition Application (Lca) Ineffective Assistance Of Counsel
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered "tech lead" position qualifies as a specialty occupat...
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)
sustained
H-1B
Unknown
The director initially denied the petition for failing to establish that the proffered position is a specialty occupation. The appeal was su...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) Beneficiary Qualifications
remanded
H-1B
Computer Programming
The appeal was remanded because new USCIS policy guidance regarding the employer-employee relationship was issued while the case was pending...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Energy Management
The appeal was dismissed because the petitioner failed to prove the 'energy markets manager' position is a specialty occupation. The AAO fou...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'program manager - cost and material plan...
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
Lodging Business
The appeal was remanded following a recent district court decision (Itserve Alliance, Inc. v. Cissna) that prompted USCIS to rescind its pol...
Employer-Employee Relationship
remanded
H-1B
Information Technology
The decision was remanded due to a change in USCIS policy guidance regarding the employer-employee relationship, which occurred while the ap...
Specialty Occupation Employer-Employee Relationship End-Client Job Requirements
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to prove the proffered 'business analyst' position qualifies as a specialty occupatio...
Specialty Occupation Definition Degree In A Specific Specialty Normal Minimum Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
Systems Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of systems engineer qualifies as a specialty...
Specialty Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish a valid employer-employee relationship. The case was remanded because a ...
Employer-Employee Relationship
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to provide a consistent and sufficiently detailed description of the job duties for t...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Pharmacy
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
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that non-speculative, specialty occupatio...
Specialty Occupation Non-Speculative Employment
remanded
H-1B
Wealth Management
The Director's decision was withdrawn because the AAO found the proffered position did qualify as a specialty occupation. However, the case ...
Specialty Occupation Lca Compliance Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position as a systems software engineer qualifies as ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Degree Requirements For Parallel Positions Complexity Or Uniqueness Of The Specific Duties Petitioner'S Normal Hiring Requirement Of A Degree
remanded
H-1B
Biotechnology Investment
The case was remanded because the Director's decision was insufficient for review. The AAO found a significant discrepancy between the proff...
Specialty Occupation Lca Correspondence Soc Code Accuracy
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner failed to establish that the proffered 'business intelligence analyst' position qualifies as...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Unknown
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position qualifies as a specialty ...
Specialty Occupation Specialized And Complex Duties
remanded
H-1B
Information Technology
The case was remanded because it was affected by new policy guidance issued by USCIS following the court decision in Itserve Alliance, Inc. ...
Employer-Employee Relationship Availability Of Specialty Occupation Work
dismissed
H-1B
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'marketing manager & research analyst' qu...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Quantitative Analysis
The appeal was sustained because the AAO found that the petitioner had established the proffered position as a specialty occupation. The pet...
Specialty Occupation Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'staff accountant' position qualifies as a specialty ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Parallel Positions' Common Degree Requirement Level Of Complexity Or Uniqueness Of The Position Employer'S Normal Hiring Requirement For A Degree Degree Of Specialization And Complexity Of The Specific Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'marketing analyst' qualifies as a specia...
Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, a website design and marketing company, failed to establish that the proffered 'marketing s...
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 petitioner failed to establish that the proffered position of 'sales engineer' 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 prove that the proffered position of 'systems analyst' qualifies as a specialty oc...
Specialty Occupation Employer-Employee Relationship End-Client Work Requirements Sufficiency Of Job Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the issues became moot. The beneficiary's status was adjusted to that of a lawful permanent resident while ...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position of "master sections analyst" qualifies as a specialty...
Normal Degree Requirement For Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Industry Standard Or Position Complexity (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Employer'S Normal Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(3)) Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)) End-Client Evidence Requirement For Off-Site Work
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'DevOps Analyst (Database Architect)' qua...
Normal Minimum Degree Requirement
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'business consultant' position qualifies as a speci...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided conflicting information about the beneficiary's end-client and work location, chang...
Specialty Occupation Eligibility At Time Of Filing Material Change Labor Condition Application (Lca)
dismissed
H-1B
Unknown
The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary was approved, rendering the cu...
Specialty Occupation
dismissed
H-1B
Market Research
The appeal was dismissed due to significant inconsistencies in the description of the proffered position. The petitioner described the role ...
Specialty Occupation Definition 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)
sustained
H-1B
Information Technology
The appeal was sustained because the petitioner provided a detailed job description and successfully argued that the duties of the proffered...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. Although the initial petition was denied because the Director determined the position did not qualify as a...
Specialty Occupation
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'customer insights analyst' qualifies as ...
Normal Minimum Educational Requirement For The Position (Criterion 1) Industry Parallel Positions Common Degree Requirement (Criterion 2) Employer'S Normal Hiring Requirement For The Position (Criterion 3) Complexity And Specialization Of Duties (Criterion 4)
dismissed
H-1B
Information Technology
The appeal was dismissed because it was deemed moot. The petitioner had filed a separate H-1B petition for the same beneficiary, which was a...
Specialty Occupation
remanded
H-1B
Consulting And Staffing
The Director initially denied the petition for failing to establish an employer-employee relationship and a lack of corroborating material s...
Employer-Employee Relationship Availability Of Qualifying Work Third-Party Worksites
sustained
H-1B
E-Commerce
The appeal was sustained because the petitioner successfully demonstrated that it does not place individuals at third-party locations, a key...
Specialty Occupation Third-Party Worksite 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) Ina § 214(I)(1)
remanded
H-1B
Consulting
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
dismissed
H-1B
Technology Consulting
The appeal was dismissed as moot. The AAO found that the petitioner had filed another H-1B petition for the same beneficiary, which had been...
Specialty Occupation
sustained
H-1B
Information Technology
The appeal was sustained because the AAO concluded, upon de novo review, that the proffered position's duties are so specialized and complex...
Specialty Occupation Beneficiary Qualifications
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 re...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a staffing company, failed to provide sufficient evidence about the work to be performed at...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A))
sustained
H-1B
Data Science
The Director initially denied the petition, finding the proffered position did not qualify as a specialty occupation. The AAO sustained the ...
Specialty Occupation Bachelor'S Degree Requirement Beneficiary Qualifications
remanded
H-1B
Information Technology
The appeal was remanded because new USCIS policy guidance was issued regarding H-1B petitions for workers at third-party worksites following...
Employer-Employee Relationship Availability Of Specialty Occupation Work
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was rendered moot. After the initial petition was denied, the petitioner filed a new H-1B petitio...
Labor Condition Application Mootness
remanded
H-1B
Information Technology
The appeal was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) and a subsequent USCIS policy change affected the...
Specialty Occupation Employer-Employee Relationship Off-Site Employment End-Client Requirements Labor Condition Application (Lca) Wage Level
remanded
H-1B
Technology
The appeal was remanded following a recent court decision and subsequent rescission of USCIS policy guidance concerning H-1B petitions for w...
Specialty Occupation Third-Party Worksite
sustained
H-1B
Financial Services
The appeal was sustained because the petitioner demonstrated that the position qualified as a specialty occupation. The AAO found that the r...
Specialty Occupation Position Complexity Degree Requirement
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary, which...
Specialty Occupation
remanded
H-1B
Workforce Solutions
The decision was remanded due to a change in USCIS policy following the Itserve Alliance, Inc. v. Cissna court case, which impacts the evalu...
Employer-Employee Relationship Availability Of Qualifying Work Labor Condition Application (Lca)
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was rendered moot. The petitioner had filed a subsequent H-1B petition on behalf of the same bene...
Specialty Occupation
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