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 120 of 258
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of "systems engineer II" qualifies as a spec...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Economics
The appeal was sustained because the AAO found compelling evidence, including an advisory opinion and the petitioner's letter, which persuas...
Specialty Occupation Minimum Degree Requirement Complexity Of Duties
sustained
H-1B
Unknown
The appeal was sustained because the AAO conducted a de novo review and found the evidence sufficient to establish the proffered position as...
Specialty Occupation Position Complexity Or Uniqueness Beneficiary Qualifications
dismissed
H-1B
Information Technology
The AAO found evidence suggesting that no bona fide job offer existed, as it could not confirm the petitioner was an active business in good...
Specialty Occupation Bona Fide Job Offer Failure To Respond To Rfe/Noid
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'inventory analyst' qualifies as a specia...
Specialty Occupation Definition Complexity Of Job Duties Requirement Of A Bachelor'S Degree In A Specific Field
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner did not establish that the proffered position of 'marketing specialist' qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Video Production
The appeal was dismissed because the petitioner failed to establish that the proffered 'producer' position qualifies as a specialty occupati...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Sales And Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'international sales & marketing executiv...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Business Analysis
The appeal was sustained because the record established by a preponderance of the evidence that the proffered 'business analyst' position re...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree In A Specific Specialty
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO found that the evidence, including descriptions of the beneficiary's past and potential projects, d...
Specialty Occupation Definition Bachelor'S Degree Requirement Position Complexity/Uniqueness Beneficiary'S Qualifications
sustained
H-1B
Unknown
The appeal was sustained because the AAO found that the proffered position qualifies as a specialty occupation. Specifically, the AAO conclu...
Specialty Occupation Position Complexity Beneficiary Qualifications
sustained
H-1B
Information Technology
The appeal was sustained because the AAO found that the evidence established the proffered position qualifies as a specialty occupation. The...
Specialty Occupation Definition Position Complexity/Uniqueness
dismissed
H-1B
Unknown
The appeal was dismissed as moot. A subsequent H-1B petition filed by the same Petitioner for the same Beneficiary was approved, rendering f...
Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because the AAO determined that the evidence of record established the proffered position qualifies as a specialty ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
sustained
H-1B
Business
The appeal was sustained because the AAO found, upon de novo review, that the evidence established the proffered position as a specialty occ...
Specialty Occupation Definition Bachelor'S Degree Requirement Position Complexity/Uniqueness
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO found the evidence, particularly an advisory opinion, compelling. This evidence persuasively explai...
Specialty Occupation Definition Minimum Degree Requirement Position Complexity
sustained
H-1B
Business Analysis
The appeal was sustained because upon de novo review, the AAO found that the evidence of record established the proffered 'business analyst'...
Specialty Occupation Theoretical And Practical Application Of A Body Of Highly Specialized Knowledge Attainment Of A Bachelor'S Or Higher Degree In The Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
remanded
H-1B
Service Engineering
The decision was remanded because the Director failed to review and address all the evidence submitted by the Petitioner concerning the Bene...
Beneficiary Qualifications Degree Equivalence Experience Equivalence Recognition Of Expertise
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish that the 'digital solutions sales representative' position qualifies as ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree For The Position Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition for the same beneficiary which was approved, making a deci...
Specialty Occupation
remanded
H-1B
Market Research
The appeal was remanded because the Administrative Appeals Office could not determine if the position qualified as a specialty occupation. T...
Specialty Occupation Correspondence Of The Labor Condition Application (Lca) With The Petition Correct Standard Occupational Classification (Soc) Code Prevailing Wage
dismissed
H-1B
Oil And Gas
The appeal was dismissed because the record contained significant inconsistencies regarding the proffered position's duties and level of res...
Specialty Occupation Definition Consistency Of Job Duties Level Of Supervision Minimum Educational Requirement
dismissed
H-1B
Market Research
The appeal was dismissed as abandoned. The AAO sent a letter to the Petitioner requesting verification of its intent to pursue the appeal, b...
Specialty Occupation Abandonment
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the appeal was filed, the Beneficiary became a lawful permanent resident, which rendered further pur...
Specialty Occupation
sustained
H-1B
Business Consulting
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position qualifies as a specia...
Specialty Occupation Definition Position Complexity Requiring A Specific Degree Beneficiary'S Qualifications
sustained
H-1B
Specialty Occupation
The appeal was sustained because the AAO found that the petitioner established the proffered position qualifies as a specialty occupation. U...
Specialty Occupation Definition Position Complexity Or Uniqueness Requiring A Specific Degree Beneficiary'S Educational Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided contradictory evidence regarding the beneficiary's actual work location, making it ...
Specialty Occupation Lca Validity Work Site Location
dismissed
H-1B
Civil Engineering
The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had been approved, rendering f...
Specialty Occupation
sustained
H-1B
Systems Analysis
The appeal was sustained because the AAO found that the proffered position of 'senior system analyst' qualifies as a specialty occupation. T...
Specialty Occupation Definition Employer'S Degree Requirement Beneficiary'S Qualifications
sustained
H-1B
Unknown
The appeal was sustained upon de novo review. The AAO found that the Petitioner provided credible and detailed descriptions of the duties an...
Specialty Occupation
sustained
H-1B
Information Security
The appeal was sustained because the totality of the evidence, including the detailed description of duties and the designated wage level IV...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity Wage Level
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO found the petitioner provided credible and detailed descriptions of the job duties, along with a su...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
sustained
H-1B
Technology Consulting
The appeal was sustained because the AAO found the petitioner successfully demonstrated that the proffered position qualifies as a specialty...
Specialty Occupation Position Complexity Beneficiary Qualifications
sustained
H-1B
Unknown
The appeal was sustained because the totality of the evidence demonstrated that the proffered position's duties are so specialized and compl...
Specialty Occupation
sustained
H-1B
Data Engineering
The appeal was sustained because upon de novo review, the AAO found that the petitioner established the proffered position qualified as a sp...
Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Human Resources Information Systems
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'human resources information systems (HRI...
Normal Minimum Educational Requirement For The Position (Criterion 1) Industry Standard Or Position'S Complexity/Uniqueness (Criterion 2) Employer'S Normal Hiring Requirement For The Position (Criterion 3) Specialized And Complex Nature Of Duties (Criterion 4)
dismissed
H-1B
Unknown
The appeal was dismissed because the matter was deemed moot. A subsequent H-1B petition filed by the Petitioner on behalf of the same Benefi...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that the proffered position of 'application supp...
Specialty Occupation Employer-Employee Relationship
remanded
H-1B
Online Marketing
The appeal was remanded because the record did not establish that the Labor Condition Application (LCA) corresponded with the petition. The ...
Specialty Occupation Lca Correspondence
sustained
H-1B
Software Development
The appeal was sustained because the AAO, upon de novo review, found that the petitioner had overcome the basis for denial. The AAO conclude...
Beneficiary Qualifications Specialty Occupation Position
dismissed
H-1B
Pharmaceuticals
The appeal was dismissed because the beneficiary did not qualify for an exemption from the H-1B cap. A prior H-1B petition filed by another ...
H-1B Cap Exemption Revocation Of Prior Petition Previously Counted Against The Cap
dismissed
H-1B
Software
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'implementation specialist' qualifies as ...
Normal Degree Requirement For The Position Industry Common Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Biotechnology
The appeal was dismissed as moot because the petitioner filed another H-1B petition on behalf of the same beneficiary, which was subsequentl...
Specialty Occupation
dismissed
H-1B
Analytics Consulting
The appeal was dismissed as moot. The Beneficiary had already adjusted status to a U.S. permanent resident, rendering the H-1B petition unne...
Specialty Occupation
remanded
H-1B
Software Engineering
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 concer...
Specialty Occupation Third-Party Worksite
sustained
H-1B
Project Management
The appeal was sustained because the AAO determined that the specific duties of the proffered 'project manager' position were so specialized...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to overcome a finding of fraud or material misrepresentation. After the Director issu...
Revocation On Notice Automatic Revocation Fraud Or Material Misrepresentation Failure To Rebut Noir
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish the validity of the signatures on the appeal forms. After the AAO issued...
Specialty Occupation Valid Signature Legal Standing
dismissed
H-1B
Financial Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'e-commerce analyst' 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)
dismissed
H-1B
Unknown
The appeal was dismissed because the issue became moot. After the petitioner filed the appeal, the beneficiary became a lawful permanent res...
Specialty Occupation
remanded
H-1B
Not Specified
The case was remanded because the initial denial was based on the petitioner's failure to establish an employer-employee relationship. Follo...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Transportation
The appeal was sustained because the AAO determined that the proffered position qualifies as a specialty occupation. The AAO found the petit...
Specialty Occupation Position'S Complexity/Uniqueness Beneficiary Qualifications
remanded
H-1B
Technology
The decision was withdrawn and the matter remanded for further proceedings. This was due to a change in USCIS policy guidance following the ...
Specialty Occupation Availability Of Work
remanded
H-1B
Hvac Manufacturing
The appeal was remanded because of significant inconsistencies in the record concerning the proffered position's requirements. The petitione...
Specialty Occupation Minimum Educational Requirements Wage Level Lca Correspondence
remanded
H-1B
Supply Chain Management
The appeal was remanded because the record did not sufficiently establish that the Labor Condition Application (LCA) corresponded with the p...
Specialty Occupation Lca Correspondence With Petition Correct Soc Code Correct Wage Level
remanded
H-1B
Biochemistry
The Director denied the petition for failing to establish the position as a specialty occupation, an issue not raised in the initial Request...
Specialty Occupation Beneficiary Qualifications Maintenance Of Status Sufficient Work
dismissed
H-1B
Media
The appeal was dismissed because the petitioner did not sufficiently and consistently establish the substantive nature of the services the b...
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
Contract Research
The Director's decision was withdrawn and the matter was remanded. This was done to allow the Director to reconsider the case under new USCI...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Accounting
The Director's decision to revoke the petition was withdrawn and the case was remanded on procedural grounds. The Director failed to properl...
Revocation Grounds Specialty Occupation Lca Correspondence
remanded
H-1B
Technology
The decision was withdrawn and the matter remanded for further proceedings. This was due to a change in USCIS policy guidance following the ...
Specialty Occupation
dismissed
H-1B
Data Analytics
The appeal was dismissed because the issue was considered moot. The petitioner had filed another H-1B petition for the same beneficiary whic...
Specialty Occupation
sustained
H-1B
Finance
The appeal was sustained because the AAO concluded that the petitioner had established the proffered position qualifies as a specialty occup...
Specialty Occupation Lca/Soc Code Validity
remanded
H-1B
Computer Science
The appeal was remanded due to inconsistencies in the record regarding the nature of the proffered position. The AAO found that the job duti...
Specialty Occupation Qualification Lca Correspondence With Petition Appropriateness Of Soc Code Prevailing Wage Level Determination
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. Although the Director initially denied the petition for not establishing the position as a specialty occup...
Specialty Occupation
dismissed
H-1B
Network Engineering
The appeal was dismissed as abandoned because the Petitioner failed to respond to a notice from the AAO within the required timeframe. The d...
Specialty Occupation
dismissed
H-1B
Systems Analysis
The appeal was dismissed as abandoned because the Petitioner failed to respond to an AAO notice within the allotted timeframe. The initial d...
Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner did not establish that the proffered position of 'director, enterprise accounts/partnerships...
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
Jewelry Wholesale
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing consultant' position qualifies as a specia...
Specialty Occupation Specific Degree Requirement
dismissed
H-1B
Tourism And Hospitality
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'property manager' position qualifies as a specialt...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Technology
The case was remanded for reconsideration following a change in policy guidance resulting from the U.S. District Court decision in Itserve A...
Specialty Occupation
dismissed
H-1B
Financial Services
The appeal was dismissed because the petitioner did not describe the duties of the 'analyst' position with sufficient detail. This failure p...
Normal Minimum Educational Requirement For The Position Industry Standard For Parallel Positions Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accountant' qualifies as a specialty occ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position (Criterion 1) Common Degree Requirement For Parallel Industry Positions (Criterion 2) Complexity Or Uniqueness Of The Position (Criterion 2) Petitioner'S Normal Hiring Requirements (Criterion 3) Specialization And Complexity Of Specific Duties (Criterion 4)
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 rec...
Normal Degree Requirement For The Position
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered 'logistics engineer' position qualifies as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition for the same beneficiary which was approved, rendering a d...
Specialty Occupation
sustained
H-1B
Information Security
The appeal was sustained because the AAO determined that the petitioner had established the proffered position qualifies as a specialty occu...
Specialty Occupation Position Complexity Specific Degree Requirement
sustained
H-1B
Unknown
The appeal was sustained because the AAO concluded that the proffered position qualifies as a specialty occupation. Upon de novo review, it ...
Specialty Occupation Specialized And Complex Duties Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the AAO lacks jurisdiction to review the case. Per regulation 8 C.F.R. § 214.1(c)(5), the denial of an appl...
Jurisdiction Appealability Of Extension Of Stay Denial
dismissed
H-1B
Systems Engineering
The appeal was rejected because the AAO lacks jurisdiction over the beneficiary's maintenance-of-status issue, which was the sole basis for ...
Specialty Occupation Maintenance Of Status Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Engineering
The Director revoked the initially approved petition after the payment for filing fees was not honored by the Petitioner's financial institu...
Filing Fees Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner did not establish the beneficiary's eligibility for an H-1B extension beyond the six-year li...
H-1B 6-Year Limit Extension Based On Pending Labor Certification Or I-140 (Ac21) 365-Day Rule For Pending Applications Extension Based On Approved I-140 With Per-Country Limitations
sustained
H-1B
Management Analysis
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position as a specialty occupation...
Specialty Occupation Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the services of the specia...
8 C.F.R. § 214.2(H)(4)(Iii)(A) (Specialty Occupation) 8 C.F.R. § 214.2(H)(4)(Iii)(C) (Beneficiary'S Qualifications)
remanded
H-1B
Software Engineering
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 Beneficiary'S Qualifications
remanded
H-1B
Software Development
The appeal was remanded because the Director's decision was insufficient for review. The Director failed to first determine whether the prof...
Specialty Occupation Beneficiary'S Qualifications Third-Party Worksite Requirements
dismissed
H-1B
Unknown
The appeal was dismissed as moot because the petitioner had already filed a subsequent H-1B petition on behalf of the same beneficiary, whic...
Mootness Subsequent Approved Petition
dismissed
H-1B
Unknown
The appeal was dismissed as moot. USCIS records showed that the Petitioner filed a subsequent H-1B petition for the same beneficiary, and th...
Specialty Occupation Mootness
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition on behalf of the same beneficiary, which was approved, mak...
dismissed
H-1B
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'consultant' position qualifies as a specialty occupa...
Specialty Occupation
dismissed
H-1B
Unknown
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 Beneficiary Qualifications
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'public relations specialist' qualifies a...
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)
dismissed
H-1B
Automotive Parts
The appeal was dismissed because the petitioner attempted to make material changes to the position, including altering duties and increasing...
Specialty Occupation Definition Material Change Post-Filing Degree Requirement Wage Level
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'supply chain manager' position qualifies as a spec...
Normal Minimum Educational Requirement For The Position Industry Parallel Positions And Complexity Employer'S Normal Degree Requirement Specialization And Complexity Of Specific Duties
remanded
H-1B
Information Technology
The appeal was remanded because policy guidance regarding the employer-employee relationship, a basis for the initial denial, was rescinded ...
Specialty Occupation Employer-Employee Relationship Labor Condition Application (Lca)
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the 'global logistician' position qualifies as a specialty occupati...
Specific Specialty Degree Requirement Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
remanded
H-1B
Information Technology
The case was remanded because the petitioner submitted new evidence on appeal which the Director had not previously reviewed. The AAO determ...
Employer-Employee Relationship Specialty Occupation Availability Of Non-Speculative Work Third-Party Worksite Arrangements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'network and computer systems administrat...
Specialty Occupation Definition Minimum Qualifications Consistency Of Evidence Third-Party Worksite Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered position qualifies as a specialty occupation. The AAO det...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher
dismissed
H-1B
Software Quality Assurance
The appeal was dismissed because the petitioner did not establish that the proffered position of 'quality assurance engineer' qualifies as a...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Software Development
The appeal was dismissed because the Director's calculation of the petition's validity period was correct. The petitioner contested a one-da...
H-1B Maximum Period Of Stay Recapture Of Time Abroad
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