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 121 of 258
dismissed
H-1B
Aircraft Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the specialt...
Beneficiary Qualifications Specialty Occupation Degree Equivalency Work Experience Evaluation 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered 'human resources coordinator' position qualifies as a...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Not Specified
The motion was dismissed because the appeal forms (Form I-290B and Form G-28) were not properly signed by an authorized representative of th...
Proper Signatures On Forms Standing To File Appeal Motion To Reopen Requirements Motion To Reconsider Requirements Petitioner'S Good Standing
dismissed
H-1B
Business Analysis
The motion to reconsider was dismissed because the petitioner did not demonstrate that the original decision was based on an incorrect appli...
Specialty Occupation Minimum Educational Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Data Analytics
The AAO determined that the petitioner successfully established that the proffered position qualifies as a specialty occupation and that the...
Specialty Occupation Beneficiary Qualifications Acwia Fee
remanded
H-1B
Optical And Ethernet Transport Solutions
The Director denied the petition for violating the prohibition on filing multiple H-1B petitions for the same beneficiary. The AAO remanded ...
Multiple Filings Prohibition
remanded
H-1B
Information Technology
The case was remanded due to a change in USCIS policy guidance following the ITServe Alliance, Inc. v. Cissna court decision. This new guida...
Employer-Employee Relationship Availability Of Qualifying Work
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered "software engineer" position qualifies as a specialty...
8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Engineering
The motion to reopen was dismissed because the petitioner failed to provide new factual evidence. The submitted end-client letter was a verb...
Specialty Occupation Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to prove that the 'hotel general manager' position qualifies as a specialty occupatio...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Duties Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'software test specialist I' qualifies as a s...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
remanded
H-1B
Information Security
The appeal was remanded because the Director incorrectly denied the H-1B petition based on the Beneficiary's failure to maintain F-1 status....
Beneficiary'S Maintenance Of Status Distinction Between H-1B Petition Eligibility And Change Of Status Eligibility Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'quality assurance analyst' qualifies as ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Business Administration
The appeal was dismissed because the petitioner failed to adequately and consistently describe the services the beneficiary would perform. T...
Specialty Occupation Definition Normal Minimum Educational Requirement For Position Industry Standard For Parallel Positions Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the substantive nature of the proffered position as a specialty occupati...
8 C.F.R. § 214.2(H)(4)(Iii)(A) Specialty Occupation Definition
dismissed
H-1B
Music
The appeal was dismissed as moot. A subsequent H-1B petition filed by the same petitioner for the same beneficiary was approved, rendering t...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A))
sustained
H-1B
Solutions Engineer
The appeal was sustained because the petitioner successfully demonstrated that the proffered position of "solutions engineer" qualifies as a...
Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was dismissed as abandoned. The AAO issued a Notice of Intent to Dismiss (NOID) because another H-1B petition for the same benefi...
Specialty Occupation Employer-Employee Relationship Abandonment
dismissed
H-1B
Unknown
The appeal was dismissed as moot. Records indicated that the Petitioner had filed a subsequent H-1B petition for the same Beneficiary, and t...
Specialty Occupation
remanded
H-1B
Market Research
The prior decisions of the Director and the AAO were withdrawn and the matter was remanded. The remand was issued because a recent U.S. Cour...
Specialty Occupation
remanded
H-1B
Market Research
The Director's decision to deny the petition was withdrawn and the case was remanded for reconsideration. A recent Ninth Circuit Court of Ap...
Specialty Occupation
remanded
H-1B
Computer Science
The Director initially denied the petition, finding the position of 'senior systems analyst' did not qualify as a specialty occupation. The ...
Specialty Occupation
remanded
H-1B
Marketing
The Director initially denied the petition, concluding the 'marketing analyst' position was not a specialty occupation. The AAO remanded the...
Specialty Occupation
remanded
H-1B
Marketing And Communications
The Director's decision denying the petition was withdrawn and the case was remanded. The reason for the remand was a new, intervening court...
Specialty Occupation
remanded
H-1B
Finance
The Director denied the petition, concluding the petitioner failed to establish that the beneficiary spent the required one continuous year ...
Specialty Occupation Beneficiary Qualifications H-1B Time Limitation
remanded
H-1B
Computer Services
The Director's decision denying the petition was withdrawn and the matter was remanded. The remand was issued because a recent Ninth Circuit...
Specialty Occupation
sustained
H-1B
Pharmacy
The appeal was sustained because the petitioner provided a detailed job description and successfully explained why the position's duties, wi...
Specialty Occupation
remanded
H-1B
Specialty Occupation
The decision was remanded due to a change in policy guidance following the court decision in Itserve Alliance, Inc. v. Cissna. The AAO found...
Availability Of Specialty Occupation Work Employer-Employee Relationship
dismissed
H-1B
Software Development
The appeal was dismissed because the AAO agreed with the Director's conclusion that the petitioner had willfully misrepresented material fac...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Misrepresentation Of Material Facts Grounds For Revocation
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO, upon de novo review, found that the evidence of record established the proffered position of data ...
Specialty Occupation Bachelor'S Degree Requirement Highly Specialized Knowledge Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the matter was considered moot. The petitioner had filed a subsequent H-1B petition for the same beneficiar...
Specialty Occupation
remanded
H-1B
Shipping And Warehousing
The appeal was remanded because the Director's initial denial was deemed insufficient for review. The Director failed to follow the proper l...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Business Analysis
The Director initially denied the petition, concluding the 'business analyst' position did not qualify as a specialty occupation. Upon de no...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity
remanded
H-1B
Medical Technology
The Director denied the petition for failing to establish that the petitioner was exempt from the H-1B numerical cap and the ACIWA fee. The ...
Aciwa Fee Exemption H-1B Cap Exemption Affiliation With An Institution Of Higher Education
dismissed
H-1B
Software Development
The Director approved the H-1B petition but denied the beneficiary's request to change status. The appeal was rejected because regulations s...
Change Of Status Appellate Jurisdiction
remanded
H-1B
Computer Science
The decision was remanded because the petitioner's business status was listed as 'FTB Forfeited,' indicating it may no longer be authorized ...
Petitioner'S Status As A Business In Good Standing Specialty Occupation Beneficiary'S Qualifications
sustained
H-1B
Unknown
The appeal was sustained because, upon de novo review, the AAO found that the proffered position qualifies as a specialty occupation. The AA...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed because the Petitioner failed to submit a valid Labor Condition Application (LCA) that corresponded with the petiti...
Specialty Occupation Definition Labor Condition Application (Lca) Requirement Bachelor'S Degree Requirement End-Client Work Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position is a specialty occupation. The petitioner pr...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualifies as a specialty o...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Data Science
The Director's decision to deny was withdrawn because the AAO found the beneficiary was qualified for the specialty occupation position base...
Beneficiary Qualifications Specialty Occupation Lca Compliance
remanded
H-1B
Information Technology
The appeal was remanded because a recent Ninth Circuit court decision, Innova Sols., Inc. v. Baran, potentially impacted the Director's anal...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca)
sustained
H-1B
Business Operations
The Director initially denied the petition because the evidence was insufficient to support the evaluation of the Beneficiary's work experie...
Beneficiary Qualifications Work Experience Evaluation
remanded
H-1B
Information Technology
The appeal was remanded because a recent U.S. Court of Appeals decision, Innova Sols., Inc. v. Baran, impacted the Director's analysis of th...
Specialty Occupation
remanded
H-1B
Software Development
The case was remanded because a recent Ninth Circuit court decision, Innova Sols., Inc. v. Baran, appeared to impact the Director's original...
Specialty Occupation Lca Correspondence Prevailing Wage Level Soc Code
dismissed
H-1B
Computer Services
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'data analyst' position qualifies as a specialty oc...
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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered "staff accountant" position qualifies as a specialty ...
Specialty Occupation Definition Bachelor'S Degree Requirement Complexity Of Duties Consistency Of Job Description
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to file a required amended petition before the beneficiary began working at a new loc...
Amended Petition Material Change In Employment Change Of Worksite Labor Condition Application (Lca) Short-Term Placement Exception
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner did not establish that the proffered position of Software Quality Assurance Engineer and Tes...
Specialty Occupation Definition Bachelor'S Degree Requirement Normal Minimum Educational Requirement For Position Complexity Of Duties
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 rec...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Aerospace Engineering
The appeal was remanded because the record was unclear regarding the calculation of the beneficiary's maximum six-year H-1B stay. The Direct...
Maximum Period Of Stay (6-Year Limit) Recapture Of Time H-1B Cap Applicability
dismissed
H-1B
Information Technology
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension under the American Competitiveness in the Twenty-Fir...
Six-Year Limit On H-1B Status Ac21 Extension Eligibility
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a one-person company, failed to establish that the proffered accountant position qualifies ...
Specialty Occupation Normal Minimum Educational Requirement Common Degree Requirement For Parallel Positions Complexity Or Uniqueness Of The Position Employer'S Normal Requirement For A Degree Specialization And Complexity Of Duties
remanded
H-1B
Information Technology
The Director initially denied the petition, finding that the proffered 'market research analyst' position was not a specialty occupation. Th...
Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because the AAO found, upon de novo review, that the petitioner had established the proffered position qualifies as...
Specialty Occupation Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a subsequent H-1B petition for the same beneficiary, and that ...
Beneficiary Qualifications Mootness
remanded
H-1B
Investment Advisory
The AAO found that the proffered 'analyst' position did qualify as a specialty occupation, withdrawing the Director's initial reason for den...
Specialty Occupation Lca Correspondence Soc Code Classification Prevailing Wage
sustained
H-1B
Computer Science
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position qualifies as a specia...
Specialty Occupation Beneficiary'S Qualifications Position Complexity Foreign Degree Equivalency
remanded
H-1B
Technology Consulting
The case was remanded because the Director based the denial on derogatory information about the petitioner's address without providing the p...
Specialty Occupation Opportunity To Rebut Derogatory Information Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Computer Programming
The appeal was dismissed primarily because the petitioner failed to submit a valid Labor Condition Application (LCA), as the beneficiary's p...
Specialty Occupation Labor Condition Application (Lca) Prevailing Wage Beneficiary Qualifications
remanded
H-1B
Accounting
The appeal was remanded because the Director erred by using the wrong source, the DOL's Occupational Outlook Handbook, to determine the posi...
Specialty Occupation Lca Correspondence Material Change
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'fusion kitchen senior chef' qualifies as...
Specialty Occupation Definition Bachelor'S Degree Requirement Industry Standard For The Position Complexity Of Job Duties Expert Opinion Letter
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform services in a specialty oc...
Beneficiary'S Qualifications Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was rejected because the AAO lacks jurisdiction to review the denial of an application for an extension of stay. According to reg...
Jurisdiction Extension Of Stay Inadmissibility
dismissed
H-1B
Information Technology
The Director denied the petition because the requested employment period exceeded the six-year authorized admission limit for H-1B workers. ...
H-1B Six-Year Limit Extension Of Stay Aao Jurisdiction
sustained
H-1B
Data Modeling
The appeal was sustained because the AAO found that the totality of the evidence established the position of 'Data Modeler II' qualifies as ...
Specialty Occupation Bachelor'S Degree Minimum Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Cybersecurity
The appeal was dismissed as moot. The AAO noted that the Petitioner had filed a subsequent H-1B petition for the same Beneficiary which was ...
Specialty Occupation
dismissed
H-1B
Accounting
The motion to reopen and reconsider a previously dismissed appeal was dismissed. The petitioner failed to establish that the proffered accou...
Motion To Reopen Motion To Reconsider Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of Software Quality Assurance Engineer and T...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Common Degree Requirement For Parallel Industry Positions Complexity And Uniqueness Of Duties Employer'S Normal Hiring Requirement Specialization And Complexity Of Specific Duties
dismissed
H-1B
Systems Administration
The appeal was dismissed because the initial petition approval was found to involve gross error. The beneficiary was not eligible for the H-...
H-1B Cap Master'S Cap Exemption Accreditation Of U.S. Institution Gross Error Equitable Estoppel
remanded
H-1B
Education
The Director limited the petition's validity period because the Beneficiary's teaching license was temporary. On appeal, the Petitioner, a c...
State Licensure Validity Period
remanded
H-1B
Information Technology
The decision was remanded for two primary reasons. First, the Director failed to consider a 63-page position evaluation submitted by the Pet...
Specialty Occupation Job Duties Position Evaluation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO determined that the specific duties of the proffered Business Analyst position were so specialized ...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Software Development
The appeal was dismissed as moot. U.S. Citizenship and Immigration Services records indicated that the Petitioner had already filed a subseq...
Specialty Occupation
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of Supply Chain Analyst I qualifies as a spe...
Specialty Occupation Definition Minimum Educational Requirements Complexity Of Duties
dismissed
H-1B
Accounting
The motion to reopen was dismissed because the Petitioner failed to submit new facts or documentary evidence. The motion to reconsider was d...
Specialty Occupation Motion To Reopen Requirements Motion To Reconsider Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'general manager' position qualifies as a specialty...
Specialty Occupation Job Duties Description Beneficiary Qualifications Soc Code Consistency
remanded
H-1B
Software Development
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director incorrectly evaluated the Beneficia...
Specialty Occupation Beneficiary Qualifications Lca Compliance
dismissed
H-1B
Information Technology
The appeal was dismissed because the Director correctly limited the H-1B petition's validity period to align with the dates on the certified...
Lca Validity Period Petition Validity Period
remanded
H-1B
Software Development
The appeal was remanded because the Director prematurely denied the petition based on the beneficiary's qualifications without first determi...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed because the case became moot. After the appeal was filed, the beneficiary became a lawful permanent resident, which...
Labor Condition Application Correspondence
sustained
H-1B
Law
The appeal was sustained because the AAO determined that the proffered position qualifies as a specialty occupation. The AAO found that the ...
Specialty Occupation
dismissed
H-1B
Religion
The appeal was rejected because the AAO lacks jurisdiction to review the Director's denial of an application for extension of stay, as speci...
Jurisdiction Extension Of Stay Change Of Status
dismissed
H-1B
Religion
The appeal was dismissed because the petitioner did not establish that the beneficiary is qualified to perform services in the specialty occ...
Beneficiary Qualifications Foreign Degree Equivalency Experience Equivalency Specialty Occupation Requirements
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position of 'senior data analy...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Data Engineering
The appeal was dismissed as moot. The AAO noted that the petitioner had already filed a subsequent H-1B petition for the same beneficiary, a...
Specialty Occupation Qualification Mootness
dismissed
H-1B
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
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'business program manager' position qualifies as a sp...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
remanded
H-1B
Software Engineering
The case was remanded because the record did not sufficiently establish that the proffered position qualifies as a specialty occupation. The...
Specialty Occupation Job Duties Require Bachelor'S Degree In A Specific Field Beneficiary'S Qualifications
sustained
H-1B
Sales Engineering
The appeal was sustained because the petitioner provided sufficient evidence, including detailed duties and work product, to overcome the in...
Specialty Occupation Bachelor'S Degree Requirement Complexity Of Duties
remanded
H-1B
Information Technology
The appeal was remanded because the record did not contain sufficient evidence to establish that the proffered position of 'information tech...
Specialty Occupation Beneficiary'S Qualifications
remanded
H-1B
Business Intelligence
The appeal was remanded because the petitioner provided a broad and inconsistent description of the proffered position, making it unclear if...
Specialty Occupation Definition Labor Condition Application (Lca) Occupational Category Prevailing Wage Minimum Degree Requirements Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed as moot, not on its merits. The AAO found that the petitioner had filed another H-1B petition for the same benefici...
Specialty Occupation
dismissed
H-1B
Technology
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition for the same beneficiary, which was approved, rendering th...
Specialty Occupation Mootness
dismissed
H-1B
Video Game Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management data analyst' qualifies as a ...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the record contained multiple inconsistent descriptions of the job duties, undermining the petition's credi...
Normal Minimum Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Basketball Training
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'director of basketball operations & trai...
Specialty Occupation Job Duties Description Bachelor'S Degree Requirement Soc Code Classification
sustained
H-1B
Asset Management
The appeal was sustained because upon de novo review, the AAO found that the proffered position of 'asset management senior analyst' qualifi...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Retail
The appeal was dismissed due to a lack of sufficient and credible evidence regarding the petitioner's business operations and the nature of ...
Criterion 1 Criterion 2 Criterion 3 Criterion 4
dismissed
H-1B
Advertising
The appeal was dismissed because the petitioner provided inconsistent and insufficient information about the proffered position. The descrip...
Specialty Occupation
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