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 122 of 258
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the proffered position's duties. Th...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
Specialty Occupation Definition Mismatch Between Job Duties And Soc Code
remanded
H-1B
Self-Driving Technology
The appeal was remanded because the Director's decision was withdrawn. The AAO found a potential mismatch between the job duties described f...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca) Correspondence Standard Occupational Classification (Soc) Code Wage Level
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the petition, a...
Lca Certified Prior To Filing Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Data Science
The appeal was remanded because the Director applied the wrong regulatory provision when evaluating the Beneficiary's qualifications. The AA...
Beneficiary Qualifications
dismissed
H-1B
Systems Engineering
The appeal was dismissed because it was considered moot. The Petitioner had filed another H-1B petition on behalf of the same Beneficiary wh...
Specialty Occupation
dismissed
H-1B
Fraud Control Software
The appeal was dismissed because the petitioner failed to establish that the proffered 'fraud data analyst' position qualifies as a specialt...
Normal Minimum Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex
sustained
H-1B
Data Science
The appeal was sustained because the petitioner established that the proffered position of 'data scientist' qualifies as a specialty occupat...
Specialty Occupation
remanded
H-1B
Not Specified
The appeal was remanded because the Director did not properly analyze or explain the grounds for revocation and the finding of fraud. The AA...
Revocation Grounds (8 C.F.R. § 214.2(H)(11)(Iii)) Payment Of Required Wage Lca Compliance (Place Of Employment) Finding Of Fraud Itinerary Requirement
remanded
H-1B
Information Technology
The Director's decision was withdrawn and the matter was remanded. The AAO found that while the initial job description was vague, the petit...
Specialty Occupation Lca Wage Level
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Definition Requirement Of A Bachelor'S Or Higher Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Unknown
The appeal was rejected, which is functionally a dismissal, because the AAO lacks jurisdiction to review the Director's denial of the Benefi...
Aao Jurisdiction Denial Of Change Of Status Denial Of Extension Of Stay
dismissed
H-1B
Unknown
The appeal was dismissed as moot because the petitioner had already filed a subsequent H-1B petition for the same beneficiary, which was app...
Specialty Occupation Mootness
dismissed
H-1B
Staffing And Recruiting
The appeal was dismissed because the petitioner provided an insufficient and overly general description of the duties for the proffered "acc...
Specialty Occupation Definition Sufficiency Of Job Duties Description Minimum Education Requirement
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'data analyst' position qualifies as a specialty occu...
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 establish that the proffered "software developer" position qualifies as a specialt...
Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed (rejected) because it concerned the denial of a change of status and extension of stay, not the H-1B petition itsel...
Jurisdiction Change Of Status Extension Of Stay
remanded
H-1B
Broadcasting
The appeal was remanded because the record was insufficient to determine if the 'radio and television announcer' position qualifies as a spe...
Specialty Occupation Bachelor'S Degree Requirement Beneficiary'S Qualifications Lca Validity (Wage Level)
sustained
H-1B
Consulting
The appeal was sustained because the AAO concluded that the petitioner successfully established that the proffered 'sr. consultant' position...
Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'management analyst' position qualifies as a specialt...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A) Inconsistent Minimum Requirements Specific Specialty Degree Requirement
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered 'financial analyst' position qualifies as a specialty...
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
Software
The appeal was dismissed because the petitioner did not provide sufficient information about the proffered position's duties. This failure p...
Specialty Occupation Definition Normal Minimum Educational Requirement Industry Standard For Parallel Positions Employer'S Normal Degree Requirement Specialization And Complexity Of Duties
remanded
H-1B
Software Engineering
The appeal was remanded because the record was insufficient to establish that the proffered 'software engineer' position is a specialty occu...
Specialty Occupation Specificity Of Job Duties Requirement Of A Bachelor'S Degree Beneficiary'S Qualifications Deference To Prior Approvals
dismissed
H-1B
Software Development
The appeal was dismissed because USCIS records showed the Petitioner submitted two registrations for the same Beneficiary in the same fiscal...
H-1B Registration Validity Prohibition On Multiple Registrations Per Beneficiary
dismissed
H-1B
Data Science
The appeal was dismissed because the petitioner violated the regulation prohibiting the filing of multiple H-1B cap petitions for the same b...
Multiple H-1B Petitions Revocation Authority Legitimate Business Need H-1B Pre-Registration Process
dismissed
H-1B
Software Engineering
The initial petition approval was revoked due to the nonpayment of required fees. The appeal was dismissed because the issue became moot, as...
Nonpayment Of Fees Mootness
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to prove that the Beneficiary is qualified for the specialty occupation. The Benefici...
Beneficiary'S Qualifications Work Experience Equivalency To A Degree Specialty Occupation Requirements
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to submit sufficient evidence to establish the actual work the beneficiary would perf...
Specialty Occupation Definition Sufficiently Detailed Job Duties Offsite Employment Requirements Minimum Educational Requirements For The Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition, concluding the record did not establish the proffered position as a specialty occupation. The AA...
Specialty Occupation Deference To Prior Approvals
dismissed
H-1B
Unknown
The appeal was rejected because it contested the denial of a request for a change of nonimmigrant status. According to federal regulations (...
Appellate Jurisdiction Change Of Status Maintenance Of Status
dismissed
H-1B
Computer Science
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...
Beneficiary Qualifications Abandonment Of Appeal
dismissed
H-1B
Unknown
The Director revoked the petition's approval because the Petitioner filed multiple petitions for the same Beneficiary. The appeal was dismis...
Prohibition Of Multiple Filings Mootness
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to meet two foundational requirements. First, the offered wage of $45.00 per hour was...
Prevailing Wage Specialty Occupation
remanded
H-1B
Unknown
The Director denied the petition, concluding the Labor Condition Application (LCA) did not correspond with the H-1B petition. Upon review, t...
Lca Correspondence With Petition Soc Code Selection Wage Level Requirements Uscis Vs. Dol Authority On Lca
dismissed
H-1B
Software Engineering
The appeal was dismissed because the Director correctly limited the H-1B petition's validity period to match the dates on the certified Labo...
Petition Validity Period Labor Condition Application (Lca) Validity Period
remanded
H-1B
Investment Advisory
The appeal was remanded due to a change in USCIS policy guidance following the ItServe All., Inc. v. Cissna court decision. The AAO determin...
Availability Of Qualifying Work Employer-Employee Relationship Third-Party Worksites
dismissed
H-1B
Unknown
The Director denied the petition because the beneficiary had not maintained her nonimmigrant status. The AAO rejected the appeal, stating th...
Maintenance Of Nonimmigrant Status Jurisdiction Over Change Of Status Denial
dismissed
H-1B
Unknown
The Director denied the petition because the petitioner filed multiple H-1B registrations for the same beneficiary in one fiscal year, which...
H-1B Registration Process Prohibition On Multiple Registrations Appeal Rights
remanded
H-1B
Education
The case was remanded because the record did not sufficiently establish that the proffered position of 'math teacher' qualifies as a special...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Data Analytics
The appeal was sustained because the AAO found that the petitioner successfully established that the various acceptable degree fields were a...
Specialty Occupation Definition Required Degree In A Specific Specialty Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)) Range Of Acceptable Degree Fields
remanded
H-1B
Not Specified
The Director denied the petition, concluding the Labor Condition Application (LCA) did not correspond with the proffered position. Upon a de...
Lca Correspondence With Petition Certified Lca For Specialty Occupation Uscis Authority To Review Soc Code And Wage Level
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was considered moot. A subsequent H-1B petition filed by the same petitioner for the same benefic...
Beneficiary Qualifications Maintenance Of Status Mootness
dismissed
H-1B
Software Technology
The appeal was dismissed because the petitioner failed to prove that the 'QA lead' position is a specialty occupation. The AAO found that th...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed
H-1B
Unknown
The Director initially denied the petition, finding the Beneficiary did not qualify for an H-1B extension beyond the six-year maximum period...
H-1B Maximum Period Of Admission Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the beneficiary was not eligible for an H-1B cap exemption. Although a prior employer's petition was approv...
H-1B Cap Exemption Previously Counted Against The Cap Revocation Of Prior Petition Accrual Of H-1B Time Advanced Degree Exemption Non-Profit Institution Requirement
dismissed
H-1B
Mechanical Engineering
The motion was dismissed because the petitioner did not provide new facts to warrant reopening or demonstrate that the prior decision was ba...
Specialty Occupation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code Prevailing Wage Ineffective Assistance Of Counsel Eligibility At Time Of Filing
dismissed
H-1B
Unknown
The decision affirms the director's denial because the petitioner failed to provide a sufficiently detailed description of the proposed job ...
Specialty Occupation
remanded
H-1B
Unknown
The appeal was remanded because the Director's initial denial may not have considered the recent Ninth Circuit decision in Innova Sols., Inc...
Specialty Occupation Requirement Minimum Degree Requirement
sustained
H-1B
Unknown
The appeal was sustained because the AAO conducted a de novo review and found that the petitioner had overcome the Director's denial. The AA...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Program Management
The initial denial was based on the conclusion that the proffered 'program manager' position was not a specialty occupation. The appeal was ...
Specialty Occupation
dismissed
H-1B
Engineering Services
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's proposed duties. ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Standard For Parallel Positions Complexity And Uniqueness Of The Position'S Duties Employer'S Normal Hiring Requirement For The Position Nature Of The Specific Duties Being So Specialized And Complex
sustained
H-1B
Supply Chain Management
The appeal was sustained because the AAO found that the petitioner provided a credible and detailed description of the job duties within its...
Specialty Occupation Highly Specialized Knowledge Minimum Degree Requirement Beneficiary Qualifications
remanded
H-1B
Commercial Banking
The petitioner submitted new, relevant evidence on appeal regarding the specialty occupation nature of the position. The AAO determined that...
Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to consistently establish the position's prerequisites. The AAO found material incons...
Specialty Occupation Definition Requirement Of A Bachelor'S Or Higher Degree In A Specific Specialty Consistency Of Stated Position Prerequisites
remanded
H-1B
Unknown
The decision was remanded because the Director used the incorrect regulation to revoke the petition and failed to follow proper revocation p...
Revocation On Notice Payment Of Filing Fees 8 C.F.R. § 214.2(H)(11)(Iii)(A)
dismissed
H-1B
Operations Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'operations management associate' quali...
Specialty Occupation Definition Bachelor'S Degree Requirement Position Duties 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Not Specified
The appeal was dismissed because the petitioner filed more than one H-1B petition for the same beneficiary in the same fiscal year, which is...
Multiple H-1B Petitions (8 C.F.R. § 214.2(H)(2)(I)(G))
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation position...
Beneficiary Qualifications Foreign Degree Equivalency
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted two H-1B registrations for the same beneficiary in the same fiscal year, which vio...
Duplicate H-1B Registration Ineffective Assistance Of Counsel Role Of Legal Representatives In Registration Administrative Procedure Act (Apa)
remanded
H-1B
Unknown
The appeal was remanded because the Director used an incorrect legal basis to revoke the previously approved H-1B petition. The Director cit...
Revocation On Notice Procedures Filing Fee Payment Approval Involving Gross Error
remanded
H-1B
Management Consulting
The appeal was remanded because the Director denied the petition based on the beneficiary's qualifications without first establishing whethe...
Specialty Occupation Beneficiary Qualifications Position Duties Lca Validity/Wage Level
dismissed
H-1B
Unknown
The appeal was dismissed on procedural grounds because the signature on the appellate Form I-290B was determined to be invalid. The AAO conc...
Valid Signature On Appeal Form
dismissed
H-1B
Unknown
The appeal was dismissed because the Petitioner violated the regulation prohibiting the filing of multiple H-1B petitions for the same benef...
Prohibition On Filing Multiple H-1B Petitions 8 C.F.R. § 214.2(H)(2)(I)(G)
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to prove that the beneficiary was exempt from the H-1B numerical cap. The beneficiary...
H-1B Numerical Cap Exemption
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed job description for the proffered position. This l...
Specialty Occupation Definition Insufficient Job Description Regulatory Criteria At 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Computer Systems Analysis
The appeal was dismissed because the petition to extend the beneficiary's H-1B status was filed long after the original petition had expired...
Timely Filing Of Petition Extension Extension Of Stay Vs. Petition Extension Jurisdiction Of Aao Labor Condition Application (Lca)
remanded
H-1B
Unknown
The Director denied the petition because the position did not qualify as a specialty occupation, the Labor Condition Application (LCA) did n...
Specialty Occupation Valid Lca Maintenance Of Status
remanded
H-1B
Unknown
The appeal was remanded because the AAO identified a threshold issue that needed to be addressed before the merits of the denial. Specifical...
Lca Correspondence With Petition Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Specialty Occupation
The appeal was sustained because the petitioner established that the proffered position qualifies as a specialty occupation. The petitioner ...
Specialty Occupation Definition Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Business Administration
The appeal was dismissed because the Director denied the petition on two independent grounds, and the petitioner failed to adequately addres...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Minimum Education Requirements Specific Degree Requirement
sustained
H-1B
Computer Science
The Director initially denied the petition, concluding the Beneficiary was not qualified for the specialty occupation. The AAO sustained the...
Beneficiary Qualifications Degree Equivalency Work Experience Equivalency
dismissed
H-1B
Unknown
The appeal was summarily dismissed on procedural grounds. The petitioner failed to address the Director's reasons for dismissing their prior...
Specialty Occupation Motion To Reopen Motion To Reconsider Appeal Requirements
dismissed
H-1B
Finance
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered 'Financial Analyst' position qualifies as a special...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement Of A Baccalaureate Or Higher Degree In A Specific Specialty
remanded
H-1B
Software Development
The appeal was remanded because the Director denied the petition based on derogatory information, specifically allegations of plagiarism and...
Bona Fide Job Offer Procedural Fairness (Derogatory Information)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'web software developer' qualifies as a...
Specialty Occupation
dismissed
H-1B
Communications
The appeal was dismissed because the petitioner did not establish that the proffered position qualifies as a specialty occupation. The petit...
Specialty Occupation Specific Specialty Degree Requirement Eligibility At Time Of Filing
sustained
H-1B
Business Analysis
The appeal was sustained because the petitioner provided additional evidence that remedied the defects noted in the initial denial. The new ...
Specialty Occupation Beneficiary'S Qualifications
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the 'technical recruiter' position qualifies as a specialty occupat...
Specialty Occupation Definition Minimum Degree Requirement
sustained
H-1B
Unknown
The appeal concerned the length of the H-1B approval period. The Director had approved a shorter validity period than requested, disagreeing...
H-1B Maximum Period Of Stay Recapture Of Time Abroad
dismissed
H-1B
Data Analytics
The appeal was dismissed because the petitioner failed to prove that the proffered 'product analyst' position qualifies as a specialty occup...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not sufficiently describe the duties of the proffered 'software developer' position. Thi...
Normal Minimum Educational Requirement For The Position (Criterion 1) Industry Standard For Parallel Positions Or Complexity Of The Specific Position (Criterion 2) Employer'S Normal Hiring Requirement For The Position (Criterion 3) Nature Of The Specific Duties Are So Specialized And Complex (Criterion 4)
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Specialty Occupation Definition Requirement Of A Baccalaureate Or Higher Degree In A Specific Specialty
sustained
H-1B
Pharmacy
The Director initially denied the petition, concluding the proffered role did not qualify as a specialty occupation. The appeal was sustaine...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Trading
The case was remanded for the Director to reconsider the specialty occupation issue in light of the Madkudu Inc. v. USCIS settlement agreeme...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'business analyst' position qualifies as a specialt...
Specialty Occupation Degree In A Specific Specialty Highly Specialized Knowledge
dismissed
H-1B
Unknown
The motion was dismissed for procedural shortcomings, as the petitioner failed to include a required statement about judicial proceedings. A...
Motion To Reconsider Requirements Timeliness Of Filing Procedural Requirements For Motions Specialty Occupation
dismissed
H-1B
Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform services in the specialty o...
Beneficiary Qualifications Foreign Degree Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C)
sustained
H-1B
Unspecified
The appeal was sustained because the Director incorrectly calculated the beneficiary's six-year maximum period of stay. The Director had sho...
Maximum Period Of Stay Six-Year Limitation Recapture Of Time Spent Abroad
dismissed
H-1B
Civil Aviation
The appeal was dismissed because the petitioner did not establish that the 'training and development manager' position is a specialty occupa...
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
Regulatory Affairs
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Regulatory Specialist I' qualifies as a ...
Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A))
sustained
H-1B
Architecture
The Director initially denied the petition because the architectural position appeared to require a state license, which the Beneficiary did...
Licensure Requirement
sustained
H-1B
Computer Engineering
The Director denied the petition, finding the beneficiary was not qualified for the BIOS engineer position. The Director incorrectly relied ...
Beneficiary Qualifications 8 C.F.R. § 214.2(H)(4)(Iii)(C)(1)
remanded
H-1B
Business Administration
The decision was remanded because the Director improperly denied the petition based on the beneficiary's qualifications without first determ...
Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Data Analysis
The appeal was remanded because the petitioner submitted new evidence on appeal, specifically an expert opinion, that was not before the Dir...
Specialty Occupation H-1B Fee Payment
remanded
H-1B
Software Quality Assurance
The Director denied the petition because the Beneficiary allegedly failed to maintain F-1 student status and was therefore ineligible for a ...
Maintenance Of Status Change Of Status Specialty Occupation
remanded
H-1B
Software Development
The appeal was remanded because the Director improperly evaluated the Beneficiary's qualifications without first determining if the proffere...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Pharmacy
The appeal was dismissed primarily due to an impermissible post-filing material change. The petitioner attempted to reclassify the proffered...
Lca Correspondence Post-Filing Material Change Specialty Occupation
dismissed
H-1B
Not Specified
The appeal was dismissed because the petitioner's filing fee payment was not honored by its financial institution. Although the petitioner p...
Payment Of Fees 8 C.F.R. § 103.2(A)(7)(Ii) 8 C.F.R. § 106.1(C) Response To Notice Of Intent To Revoke (Noir)
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's check for filing fees was dishonored. The petitioner admitted to canceling the check, and ...
Dishonored Payment Of Fees Revocation Of Approval Response To Notice Of Intent To Revoke (Noir)
dismissed
H-1B
Food Delivery Service
The appeal was dismissed because the petitioner failed to establish that the proffered operations manager position qualifies as a specialty ...
Specialty Occupation
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