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 123 of 258
dismissed
H-1B
Information Technology
The appeal was dismissed because the beneficiary was not eligible for an H-1B status extension beyond the six-year limitation. The beneficia...
H-1B Six-Year Limit H-1B Extension Beyond Six Years I-140 Petition Revocation
dismissed
H-1B
Unknown
The appeal was dismissed (rejected) because the AAO lacks jurisdiction over the denial of an extension of stay request. The Director denied ...
Jurisdiction Extension Of Stay
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...
Specialty Occupation Definition Beneficiary Qualifications 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 failed to demonstrate that the proffered BI Analyst / Business Analyst position qualifies as...
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 Requires 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 The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner filed two cap-subject H-1B petitions for the same beneficiary within the same fiscal year, v...
Multiple H-1B Petitions Rule (8 C.F.R. § 214.2(H)(2)(I)(G))
dismissed
H-1B
Data Analytics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'lead data analyst' qualifies as a specia...
Specialty Occupation Bachelor'S Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Are So Specialized And Complex
dismissed
H-1B
Quantitative Finance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Quantitative Finance Analyst qualifies ...
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
Civil Engineering
The appeal was dismissed because the petitioner provided inconsistent and materially different job descriptions before and after the Request...
Lca Correspondence To Position Specialty Occupation Definition State Licensure For The Occupation Consistency Of Job Duties
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary's U.S. master's degree was from a qualifying 'Uni...
Master'S Cap Eligibility Definition Of 'U.S. Institution Of Higher Education' Nonprofit Status Of Educational Institution Accreditation Of Educational Institution
dismissed
H-1B
Business
The appeal was dismissed because the petitioner, on a previous petition, had explicitly selected options to be considered 'cap exempt' and t...
H-1B Six-Year Limit H-1B Cap Exemption Recapture Of Time Spent Abroad Reclaiming Remainder Of H-1B Time
remanded
H-1B
Unknown
The certification was remanded because the matter became moot. The Beneficiary had adjusted to lawful permanent resident status, so the AAO ...
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to meet the regulatory requirement of obtaining a certified Labor Condition Applicati...
Certified Labor Condition Application (Lca)
dismissed
H-1B
Customer Experience Surveys
The appeal was dismissed because the petitioner failed to respond to a Notice of Intent to Revoke (NOIR) issued after the Department of Stat...
Grounds For Revocation Truthfulness Of Statements Specialty Occupation Existence Of Business Operations
remanded
H-1B
Computer Science
The case was remanded because the Director's initial denial, which found the position was not a specialty occupation, may not have properly ...
Specialty Occupation Wage Level Soc Code Correspondence Job Duties
remanded
H-1B
Software Development
The Director denied the H-1B extension petition because the underlying I-140 petition had been denied. However, the I-140 was subsequently a...
H-1B Extension Beyond 6 Years Pending I-140 Petition For At Least 365 Days American Competitiveness In The Twenty-First Century Act (Ac21)
remanded
H-1B
Database Administration
The appeal was remanded because the Director's denial, which was based on a finding of fraud and misrepresentation, lacked sufficient analys...
Fraud Misrepresentation Change Of Employer H-1B Cap Petition Validity
dismissed
H-1B
Software Development
The Director denied the petition because the Petitioner did not establish that it submitted a certified Labor Condition Application (LCA) th...
Lca Correspondence With Petition Specialty Occupation Definition Soc Code Accuracy 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Unknown
The Director denied the entire H-1B petition after concluding the Beneficiary had abandoned the request for a change of status by traveling ...
Change Of Status Abandonment Of Request Maintenance Of Status Specialty Occupation
remanded
H-1B
Unknown
The Director denied the petition because the name on the beneficiary's educational documents did not match their passport, failing to establ...
Beneficiary'S Qualifications Educational Documentation
dismissed
H-1B
Mechanical Engineering
The seventh consecutive motion to reopen and reconsider was dismissed. The petitioner failed to state new facts for the motion to reopen, in...
Specialty Occupation Motion To Reopen Motion To Reconsider
remanded
H-1B
Software Development
The appeal was remanded because the Director's denial was procedurally flawed and insufficient for review. The Director incorrectly focused ...
Specialty Occupation Definition Normal Degree Requirement For Position Common Degree Requirement In Industry Position'S Complexity Or Uniqueness Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Computer Systems Analysis
The appeal was dismissed for three primary reasons. First, the matter was declared moot because the beneficiary had already been approved fo...
Beneficiary Qualifications Specialty Occupation Procedural Filing Requirements
remanded
H-1B
Unknown
The Director denied the petition, concluding that the petitioner did not establish the position qualified as a specialty occupation or that ...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca)
sustained
H-1B
Specialty Occupation
The Director denied the petition, concluding the proffered position did not qualify as a specialty occupation. Upon de novo review, the AAO ...
Specialty Occupation Requirements Highly Specialized Knowledge Bachelor'S Degree Requirement Position Complexity
sustained
H-1B
Specialty Occupation
The appeal was sustained because upon de novo review, the AAO found the record sufficient to demonstrate that the proffered position qualifi...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree Requirement
dismissed
H-1B
Product Marketing
The appeal was dismissed because the beneficiary was not exempt from the H-1B numerical cap. Although a prior H-1B petition was approved for...
H-1B Cap Exemption Previously Counted Against The Cap Automatic Revocation Of Unused Petition Period Of Authorized Admission
remanded
H-1B
Logistics
The appeal was remanded because the Director's revocation process was procedurally flawed. The Notice of Intent to Revoke (NOIR) contained i...
Revocation On Notice Employment In Specified Capacity Violation Of H-1B Program Requirements Procedural Requirements For Notice Of Intent To Revoke (Noir) Bona Fide Position
sustained
H-1B
Unknown
The appeal was sustained because the Director had improperly shortened the requested H-1B extension period. The AAO reviewed the calculation...
H-1B Maximum Period Of Stay Recapture Of Time Spent Outside The U.S.
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 Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Unknown
The appeal was dismissed as moot. A subsequent H-1B petition filed by the same Petitioner for the same Beneficiary had already been approved...
Beneficiary Qualifications
dismissed
H-1B
Unknown
The AAO issued a notice of intent to dismiss, requesting additional information about the signing party's capacity to file the appeal on the...
Legal Standing Failure To Respond
dismissed
H-1B
Unknown
The motion to reconsider was dismissed because it failed to satisfy the regulatory requirements. The petitioner did not state the reasons fo...
Motion To Reconsider Requirements Timely Filing Of Motion
dismissed
H-1B
Software Engineering
The appeal was dismissed because the director properly revoked the petition's approval. During a site visit, the petitioner's president made...
Truthfulness Of Statements In Petition Violation Of H-1B Terms And Conditions Adequate Workspace Specialty Occupation
dismissed
H-1B
Unknown
The director initially denied the petition, concluding the beneficiary was not qualified for the offered position. The AAO dismissed the app...
Beneficiary Qualifications Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to establish that the certified Labor Condition Application (LCA) properly correspond...
Specialty Occupation Lca Correspondence With Petition Prevailing Wage Standard Occupational Classification (Soc) Code Wage Level
remanded
H-1B
Information Management
The case was remanded because the Director committed a legal error in analyzing the beneficiary's qualifications. The Director improperly co...
Beneficiary Qualifications Educational Equivalency Work Experience Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Unspecified
The appeal was dismissed because the beneficiary's original cap-subject H-1B petition, filed by a different employer, was revoked due to fra...
H-1B Cap Exemption Previously Counted Against The Cap Revocation For Fraud Or Misrepresentation
dismissed
H-1B
Research
The appeal was dismissed because the petitioner failed to establish it was a 'nonprofit research organization' as defined by regulations. Th...
Nonprofit Research Organization Status H-1B Cap Exemption Acwia Fee Exemption Tax-Exempt Status
remanded
H-1B
Business Management
The appeal was remanded because the AAO found a discrepancy between the Labor Condition Application (LCA) and the H-1B petition. The AAO det...
Specialty Occupation Lca Correspondence With Petition Soc Code Accuracy Prevailing Wage Level
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO found the evidence, including an advisory opinion and the Petitioner's letter, compellingly demonst...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year ...
H-1B Six-Year Limit Ac21 Lengthy Adjudication Delay Exemption Labor Certification Pending 365+ Days Immigrant Visa Petition Pending 365+ Days
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) from the Department of Labor ...
Labor Condition Application (Lca)
remanded
H-1B
Engineering
The Director denied the petition, concluding the Labor Condition Application (LCA) was invalid because it did not use the highest paying occ...
Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner provided inconsistent and contradictory information regarding the beneficiary's work locatio...
Lca Validity Work Location Consistency Material Change After Filing Eligibility At Time Of Filing
remanded
H-1B
Unknown
The Director granted a limited H-1B approval, not recognizing the beneficiary's eligibility for an extension beyond the six-year limit. On a...
H-1B Extension Beyond 6-Year Limit Ac21 Section 104(C) Approved I-140 Immigrant Petition Visa Unavailability Per-Country Limitations
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove that the beneficiary was working within the scope of the originally approved...
Employment Outside Scope Of Petition Incorrect Labor Condition Application (Lca) Violation Of Petition Terms Specialty Occupation
dismissed
H-1B
Medicine
The Director denied the H-1B petition because the beneficiary, a foreign physician, did not meet the standard licensing and examination requ...
Physician Of National Or International Renown Receipt Of Nationally Or Internationally Recognized Prizes Or Awards Authorship Of Scientific Or Scholarly Articles Published Material About The Beneficiary'S Work Employment In A Critical, Leading, Or Essential Capacity Serving As A Speaker Or Panelist At Medical Conferences Participation As A Judge Of The Work Of Others Membership In Associations Requiring Significant Achievements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove it was paying the beneficiary the required wage as certified on the Labor Co...
Required Wage Compliance Labor Condition Application (Lca)
dismissed
H-1B
It Risk Management
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The AAO found that the petitioner's accep...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Unique Position Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the AC21 provisions....
H-1B Six-Year Limit Ac21 Extension Eligibility Lengthy Adjudication Delay Exemption Effect Of A Denied Immigrant Petition (Form I-140) On H-1B Extension Eligibility Eligibility At Time Of Filing
remanded
H-1B
Information Technology
The appeal was remanded because the Director's decision was insufficient for review. The Director first needed to determine if the proffered...
Specialty Occupation Beneficiary Qualifications Specific Degree Requirement
dismissed
H-1B
Engineering
The eighth combined motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not present new fa...
Specialty Occupation Motion To Reopen Motion To Reconsider Labor Condition Application (Lca) Ineffective Assistance Of Counsel
remanded
H-1B
Medicine
The Director approved the petition for a shorter validity period than requested, incorrectly calculating the beneficiary's remaining H-1B ti...
Six-Year Limitation On H-1B Stay Recapture Of Time Eligibility For New Six-Year Period After One Year Abroad
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...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Computer Science
The Director denied the petition, concluding that the beneficiary's education and work experience were not equivalent to a U.S. bachelor's d...
Beneficiary Qualifications Education And Experience Equivalence 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)(1)
dismissed
H-1B
Law
The appeal was dismissed because the petitioner filed a second H-1B cap-subject petition for the same beneficiary within the same fiscal yea...
Prohibition On Multiple Cap-Subject Petition Filings Exceptions For Multiple Filings Withdrawal Of A Petition
remanded
H-1B
Unknown
The appeal was remanded because both the Petitioner and the Director miscalculated the beneficiary's remaining H-1B time. While the AAO reje...
Six-Year Limitation On Stay Recapture Of Time Spent Outside The U.S. Calculation Of Maximum Admission Period Authorized Grace Periods Vs. Authorized Admission
dismissed
H-1B
Computer Systems
The appeal was dismissed because the petitioner requested an H-1B extension beyond the beneficiary's six-year maximum. The beneficiary was n...
Six-Year Limitation On H-1B Stay Exemption For Lengthy Adjudication Exemption For Per-Country Limitations Recapture Of Time Eligibility At Time Of Filing Equitable Estoppel
dismissed
H-1B
Not Specified
The appeal was dismissed because the petitioner filed two H-1B cap-subject petitions for the same beneficiary in the same fiscal year, which...
Prohibition On Multiple H-1B Petitions Legitimate Business Need
dismissed
H-1B
Unspecified
The AAO dismissed the combined motion to reopen and reconsider because the petitioner failed to meet the legal standards for either type of ...
Motion To Reopen Motion To Reconsider Timeliness Of Motion Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary, who holds a bachelor's degree in business administ...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D) Beneficiary Qualifications Education And Experience Equivalency Progressively Responsible Experience
dismissed
H-1B
Management
The appeal was dismissed because the Labor Condition Application (LCA) did not correspond with the H-1B petition. The petitioner designated ...
Lca Correspondence With Petition Wage Level Designation Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement Nature Of Specific Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove it was exempt from a required fee under Public Law 114-113. The petitioner p...
Fee Exemption (Public Law 114-113) Employee Count Verification
sustained
H-1B
Semiconductor Manufacturing
The appeal was sustained because the AAO found the record credibly demonstrated that the petitioner's material analyst position is a special...
Specialty Occupation Bachelor'S Degree In A Specific Specialty Position Complexity Or Uniqueness
dismissed
H-1B
Unknown
The appeal was dismissed because the Director's revocation of the petition was correct. The beneficiary was never properly counted against t...
H-1B Numerical Limitations (Cap) Exemption From The H-1B Cap Previously Counted Against The Cap Revocation Of Petition Approval Distinction Between Visa Issuance And Admission In Status
sustained
H-1B
Business Analytics
The appeal was sustained because the AAO found the petitioner's evidence credibly demonstrated that the 'data analyst supply chain' position...
Specialty Occupation Position Complexity Or Uniqueness (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Minimum Degree Requirement
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform services in a specialty oc...
Beneficiary Qualifications For Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(C) Foreign Degree Equivalency Education And Work Experience Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(D)(5)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove it was not an H-1B dependent employer. Although the AAO found that the proff...
Specialty Occupation Lca Correspondence H-1B Dependent Employer Status
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to rebut the finding that it had improperly coordinated with another entity to submit...
Improper Registration / Attestation Against Collusion Specialty Occupation
dismissed
H-1B
Software Quality Assurance
The appeal was dismissed because the Director found that the petitioner worked with another entity to submit multiple registrations for the ...
Improper H-1B Registration / Collusion Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to rebut evidence that it coordinated with another company to unfairly increase the b...
Improper H-1B Registration Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to provide sufficient and consistent documentary evidence to prove the beneficiary's ...
H-1B Maximum Period Of Stay Recapture Of Time Spent Abroad Burden Of Proof Documentary Evidence Requirements For Recapture
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that a bona fide job offer for a financial analyst existed at the time o...
Specialty Occupation Bona Fide Job Offer Petition Revocation
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered financial analyst position qualifies as a specialty...
Specialty Occupation Definition Criterion 1 Criterion 2 Criterion 3 Criterion 4
dismissed
H-1B
Finance
The appeal was dismissed because the proffered financial analyst position did not qualify as a specialty occupation. The AAO determined that...
Specialty Occupation Definition Specific Degree Requirement
dismissed
H-1B
Unknown
The AAO issued a Notice of Intent to Dismiss (NOID) because a subsequent petition filed by the petitioner for the same beneficiary had alrea...
Beneficiary Qualifications Abandonment
dismissed
H-1B
Unknown
The appeal was dismissed because the beneficiary was never counted against the H-1B numerical cap. Although the beneficiary was issued an H-...
H-1B Numerical Limitations (Cap) Cap Exemption Based On Prior Approval Distinction Between Visa Issuance And Being Granted Nonimmigrant Status Requirement Of Admission To The U.S. To Be Counted Against The Cap Automatic Revocation Of Unused H-1B Petitions
dismissed
H-1B
Not Specified
The motion to reconsider was dismissed because it was filed untimely. The petitioner had until November 26, 2018, to file the motion, but US...
Timeliness Of Motion
sustained
H-1B
Unknown
The appeal was sustained because upon de novo review, the AAO found that the petitioner established the proffered position as a specialty oc...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'restaurant manager' position qualifies as a specialt...
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, In The Alternative, An Employer May Show That Its Particular 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.
remanded
H-1B
Social Work
The Director denied the petition, concluding the nonprofit petitioner did not establish it qualified for an H-1B cap exemption through its a...
H-1B Cap Exemption Nonprofit Affiliation With An Institution Of Higher Education Formal Written Affiliation Agreement Active Working Relationship For Research Or Education Contribution To The Research Or Education Mission Of The Institution
dismissed
H-1B
Unknown
The appeal was dismissed on procedural grounds because the signature on the appellate Form I-290B was determined to be a word processor-gene...
Valid Signature On Appeal Form
dismissed
H-1B
Civil Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of senior development analyst qualifies as a...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Supply Chain
The appeal was dismissed because the petitioner failed to establish that the proffered 'supply chain planner' position is a specialty occupa...
Normal Degree Requirement For The Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed for two primary reasons. First, the wage offered in the Form I-129 was lower than the required wage specified in th...
Lca Correspondence Beneficiary Qualifications Education And Experience Equivalency
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove it was exempt from the additional fee required by Public Law 114-113. The pe...
Fee Exemption Employee Count Percentage Of H-1B/L-1 Workers
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not establish that the proffered position qualifies as a specialty occupation. The AAO f...
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, In The Alternative, An Employer May Show That Its Particular 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.
remanded
H-1B
Software Development
The Director denied the petition, concluding the beneficiary had exhausted the maximum six-year period of H-1B admission. The AAO found this...
H-1B Maximum Period Of Stay Calculation Of Time Spent In L-1A Status Eligibility For Remaining H-1B Time Abandonment Of Change Of Status
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered software developer position qualifies as a specialty ...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of The Specific Duties Is Specialized And Complex Statutory Definition Of Specialty Occupation Validity Of Labor Condition Application (Lca)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not establish that the proffered software developer position qualifies as a specialty oc...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Usually Associated With A Degree
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to provide any description of the position's duties, making it impossible to determin...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Mechanical Engineering
The AAO dismissed the petitioner's ninth motion to reopen and reconsider because it failed to present new facts or demonstrate an incorrect ...
Specialty Occupation Motion To Reopen Motion To Reconsider Labor Condition Application (Lca) Eligibility At Time Of Filing
dismissed
H-1B
Medicine
The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary was eligible for H-1B status beyond the standard six-y...
Cap Exempt Petitioner H-1B Petition Validity Beyond The Six-Year Limitation
remanded
H-1B
Software Development
The appeal was remanded because the Director's denial, based on an allegedly incorrect wage level on the Labor Condition Application (LCA), ...
Lca Correspondence Wage Level O*Net Job Duties Specialty Occupation
remanded
H-1B
Unknown
The Director denied the petition, concluding the work location was not a legitimate place of employment. The AAO remanded the case, finding ...
Specialty Occupation Beneficiary Qualifications Legitimacy Of Work Location
remanded
H-1B
Technology
The appeal was remanded because the Director's calculation of the beneficiary's remaining H-1B time was likely incorrect. The Director assum...
H-1B Six-Year Limitation Recapture Of Time Spent Outside The U.S. Determination Of H-1B Start Date Maintenance Of Status F-1 Opt/Stem Opt Status
sustained
H-1B
Computer Science
The appeal was sustained because the AAO found that the evidence sufficiently demonstrated the 'applied scientist II' position qualifies as ...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity Body Of Highly Specialized Knowledge
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner filed two H-1B cap-subject petitions for the same beneficiary in the same fiscal year. This ...
8 C.F.R. § 214.2(H)(2)(I)(G) - Prohibition On Multiple H-1B Petitions
dismissed
H-1B
Not Specified
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was exempt from the H-1B numerical cap. The benef...
H-1B Numerical Limitations (Cap) Master'S Cap Exemption Definition Of U.S. Institution Of Higher Education Accreditation Of Degree-Granting Institution
remanded
H-1B
Information Technology
The case was remanded for two reasons. First, the Director did not consider evidence that the Beneficiary may have reset their six-year limi...
Maximum Period Of Stay Specialty Occupation
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