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 124 of 258
dismissed
H-1B
Technology Management
The appeal was dismissed because the petitioner did not establish that the beneficiary was eligible for an H-1B extension beyond the six-yea...
H-1B Six-Year Limit Extension Ac21 Lengthy Adjudication Delay Exemption Failure To File For Adjustment Of Status Circumstances Beyond Control
remanded
H-1B
Business
The appeal was remanded because the Director revoked the petition's approval based on the petitioner's failure to timely respond to a Notice...
Grounds For Revocation (8 C.F.R. § 214.2(H)(11)(Iii)) Material Change In Employment Specialty Occupation Response To Notice Of Intent To Revoke (Noir)
remanded
H-1B
Unknown
The Director's decision was withdrawn and the matter was remanded for a new decision. The petitioner successfully demonstrated that the bene...
Specialty Occupation Beneficiary'S Permanent Resident Status
dismissed
H-1B
Unknown
The appeal was dismissed because the requested validity dates for the H-1B petition had already passed by the time USCIS adjudicated the cas...
Petition Validity Dates Retroactive Approval Lca Validity Period Adjudication Delays H-1B Cap Count
dismissed
H-1B
Construction Management
The appeal was dismissed because the Labor Condition Application (LCA) did not correspond with the H-1B petition. While the AAO agreed with ...
Specialty Occupation Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Management Consulting
The appeal was dismissed because the proffered position of "associate (management consultant)" did not qualify as a specialty occupation. Th...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Management Consulting
The appeal was dismissed because the proffered position of 'solution associate' did not qualify as a specialty occupation. The petitioner's ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish the proffered 'associate (management consultant)' position as a specialt...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Unknown
The Director's decision was withdrawn and the case was remanded because the petitioner provided sufficient information to prove the benefici...
Beneficiary'S Immigration Status
remanded
H-1B
Unknown
The case was remanded because of a change in policy guidance following the U.S. District Court decision in Itserve Alliance, Inc. v. Cissna....
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Data Analytics
The appeal was dismissed because the petitioner failed to establish that the proffered position of senior consultant - data analytics qualif...
Specialty Occupation Definition Bachelor'S Degree In A Specific Specialty Normal Degree Requirement For Position Industry Standard For Degree Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner submitted multiple misstatements and inconsistent evidence regarding its H-1B dependent stat...
Lca Correspondence H-1B Dependent Status Employee Count Verification
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner provided inconsistent and contradictory evidence regarding the number of its employees. This...
Lca Correspondence H-1B Dependent Employer Status
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner failed to establish that the proffered position of Business Intelligence Analyst qualifies a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner submitted fraudulent and plagiarized project documentation to support the H-1B petition. The...
Fraud And Willful Misrepresentation Specialty Occupation
remanded
H-1B
Software Engineering
The Director denied the petition, concluding that because the beneficiary's end-client project had terminated, the petitioner did not have s...
Specialty Occupation Definition Availability Of Specialty Occupation Work For Requested Period Bona Fide Job Offer Misrepresentation
dismissed
H-1B
Unknown
The appeal was dismissed because the petition's requested validity period had already passed before the date of adjudication. The AAO affirm...
Petition Validity Dates Retroactive Approval Labor Condition Application (Lca) Validity H-1B Cap Count Adjudication Timeliness
remanded
H-1B
Unknown
Upon further review of the record, the AAO reopened the proceeding on its own motion. The office withdrew its prior decision dismissing the ...
Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner submitted two H-1B registrations for the same beneficiary in the same fiscal year. According...
Prohibition Of Multiple H-1B Registrations Per Beneficiary Requirement Of A Valid, Selected Registration To File A Petition
sustained
H-1B
Conflict Resolution
The appeal was sustained because the petitioner provided sufficient evidence in response to a Request for Evidence (RFE) to demonstrate that...
Specialty Occupation Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the initial denial, the petitioner filed a subsequent H-1B petition for the same beneficiary, which ...
Beneficiary Qualifications Mootness
remanded
H-1B
Research
The Director denied the petition, concluding that the beneficiary was not qualified for the position. The AAO remanded the case because the ...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted multiple H-1B registrations for the same beneficiary in the same fiscal year. The ...
Prohibition On Multiple H-1B Registrations
dismissed
H-1B
Strategic Planning And Finance
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The petitioner's minimum educational requ...
Normal Minimum Requirement Of A Bachelor'S Degree Industry Standard Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO determined that the proffered position of monetization strategist qualifies as a specialty occupati...
Specialty Occupation
dismissed
H-1B
Construction Management
The appeal was dismissed because the petitioner's certified Labor Condition Application (LCA) did not correspond with the H-1B petition. The...
Lca Correspondence With Petition Prevailing Wage Determination Minimum Education Requirements For Wage Level Material Changes On Appeal
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to provide sufficient evidence to resolve discrepancies in the reported number of tot...
H-1B Dependent Employer Status Specialty Occupation
sustained
H-1B
Medicine
The appeal was sustained because the Director incorrectly limited the petition's validity period. The AAO found that the Beneficiary was eli...
H-1B Six-Year Limitation Exemption For Lengthy Adjudication Delays Exemption For Per-Country Limitations Timing Of Filing For Extension Beyond The Sixth Year
dismissed
H-1B
Not Specified
The appeal was dismissed because the petitioner improperly filed a second H-1B cap-subject petition for the same beneficiary in the same fis...
Multiple H-1B Petitions Labor Condition Application (Lca) Revocation For Gross Error H-1B Cap Limitations
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of Technical Manager 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.
dismissed
H-1B
Software Quality Assurance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'test lead' qualifies as a specialty occu...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner's submitted Labor Condition Application (LCA) did not correspond to the H-1B petition. The D...
Lca Correspondence Wage Level Material Change Amended Petition
dismissed
H-1B
Accounting
The appeal was dismissed because the Director revoked the petition's approval based on findings that the facts in the petition were untrue, ...
Truthfulness Of Facts In Petition Bona Fide Specialty Occupation Grounds For Revocation
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was deemed moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary, an...
Beneficiary Qualifications Specialty Occupation Mootness
dismissed
H-1B
Education
The appeal was dismissed because the issue was rendered moot. After the initial petition was denied, the Petitioner filed a new Form I-129 p...
Licensure Requirement Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to establish that the beneficiary was exempt from the H-1B numerical cap. A prior pet...
H-1B Cap Exemption Previously Counted Against The Cap
dismissed
H-1B
Management Analysis
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The petitioner's minimum requirement of a...
Specialty Occupation Definition Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Medical Physics
The Director denied the petition, concluding that the certified Labor Condition Application (LCA) for a 'Medical Scientist' did not match th...
Certified Labor Condition Application (Lca) Specialty Occupation Lca Correspondence With Petition
remanded
H-1B
Software Developer
The Director approved the petition for a shorter period than requested, providing an unclear and contradictory explanation for the limited v...
Six-Year Limitation On H-1B/L-1 Stay Calculation Of Time Spent In L-1A Status Recapture Of Unused Time Eligibility For Requested Period Of Admission
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to prove that the instructor position required a bachelor's degree in a specific spec...
Specialty Occupation Bachelor'S Degree In A Specific Specialty
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified to perform the duties of the specialty occupat...
Beneficiary Qualifications 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)
sustained
H-1B
Software Development
The appeal was sustained because the AAO found that the beneficiary was qualified for the specialty occupation. The Director had denied the ...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Human Services
The petition was denied because the petitioner failed to establish that the 'direct care professional' position qualified as a specialty occ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer'S Normal Degree Requirement Complexity Of Duties Requiring A Degree
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The AAO found that the petitioner had filed a subsequent H-1B petition for the same beneficiary which was ...
Beneficiary Qualifications Mootness
dismissed
H-1B
Human Services
The appeal was dismissed because the AAO concluded the proffered 'direct care professional' position did not qualify as a specialty occupati...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
remanded
H-1B
Unknown
After initially dismissing the petitioner's appeal of a revocation, the AAO reopened the proceeding on a service motion. The office withdrew...
Specialty Occupation
dismissed
H-1B
Software Publishing
The appeal was dismissed because the petitioner violated the terms and conditions of the previously approved H-1B petition. An administrativ...
Violation Of Terms And Conditions Of Approved Petition Material Change In Employment Unauthorized Work Location Failure To File Amended Petition
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst (management consultant)' position q...
Normal Degree Requirement Industry Standard Or Position Complexity Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Business Data Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of a business data analyst 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
dismissed
H-1B
Computer Information Systems
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of a specialty ...
Beneficiary Qualifications For Specialty Occupation Educational Equivalency Work Experience Equivalency Recognition Of Expertise
sustained
H-1B
It Project Management
The appeal was sustained because the AAO determined the proffered position of 'IT project management consultant' qualifies as a specialty oc...
Specialty Occupation Filing Fees
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition because the proffered job duties for a habilitation counselor were considered too general. On appeal, the A...
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
remanded
H-1B
Habilitation Counseling
The Director denied the petition, concluding the proffered job of a habilitation counselor did not qualify as a specialty occupation because...
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 [Is] 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
Counseling
The Director denied the petition, concluding the proffered job of a habilitation counselor did not qualify as a specialty occupation because...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Information Technology
The motion to reopen was dismissed because the petitioner failed to present new facts, instead reasserting previously made arguments regardi...
Motion To Reopen Motion To Reconsider Fraud Or Willful Misrepresentation
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was rendered moot. U.S. Citizenship and Immigration Services (USCIS) records showed that the Bene...
Wage Level Mootness
dismissed
H-1B
Business Analysis
The appeal was dismissed because the issue was considered moot. A review of USCIS records indicated that the Beneficiary had already filed a...
Mootness Specialty Occupation
dismissed
H-1B
Data Analysis
The appeal was dismissed because the Director revoked the petition's approval after a site visit revealed the beneficiary was in a 'non-prod...
Beneficiary No Longer Employed In Specified Capacity
remanded
H-1B
Rehabilitation Counseling
The Director initially denied the petition, concluding the job duties were described too generally to qualify as a specialty occupation for ...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition, finding the job duties were too general to qualify as a specialty occupation. The AAO disagreed, concludin...
Degree Is Normal Minimum Requirement For Position Degree Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex
remanded
H-1B
Rehabilitation Counseling
The Director initially denied the petition, concluding the described job duties for the 'habilitation counselor' position were too general t...
Specialty Occupation Definition Bachelor'S Degree Requirement Complexity Of Duties Industry Norm
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition because the proffered job duties for a habilitation counselor were deemed too general and not sufficiently ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Rehabilitation Counseling
The Director initially denied the petition, concluding the described job duties for a 'habilitation counselor' were too general and did not ...
Normal Degree Requirement Industry Norm Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Software Consulting
The appeal was dismissed primarily because the petitioner failed to establish that the proffered position of Computer Systems Analyst qualif...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Parallel Positions Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered "Project Analyst" position qualifies as a specialty o...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Uniquely Complex Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Information Systems
The appeal was dismissed because the petitioner did not establish that the beneficiary was qualified to perform the duties of a specialty oc...
Beneficiary Qualifications Education Equivalency Experience Equivalency
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to submit a valid, certified Labor Condition Application (LCA) at the time of filing ...
Labor Condition Application (Lca) Requirement Eligibility At Time Of Filing Materiality Of Fein On Lca
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Licensing and Product Development Coordi...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's motion to reconsider and motion to reopen were filed untimely. The petitioner failed to pr...
Timeliness Of Motion To Reopen Timeliness Of Motion To Reconsider Reasonable And Beyond Control Standard For Delay Specialty Occupation Definition
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide a clear, consistent, and sufficiently detailed description of the job duti...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Software Quality Assurance
The appeal was sustained because the AAO found the Director erred in concluding the proffered position was not a specialty occupation. The D...
Specialty Occupation Definition Degree In A Specific Specialty Nature Of Duties Is Specialized And Complex (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4))
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the proffered instructor position qualifies as a specialty occupati...
Specialty Occupation Bachelor'S Degree In A Specific Specialty
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not establish that the beneficiary was exempt from the H-1B numerical cap. The director ...
H-1B Cap Exemption Master'S Degree Exemption Definition Of U.S. Institution Of Higher Education
remanded
H-1B
Education
The appeal was remanded because the Director failed to first determine if the proffered position qualifies as a specialty occupation. Additi...
Specialty Occupation Beneficiary Qualifications Degree Equivalency Progressively Responsible Experience Recognition Of Expertise
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position is a specialty occ...
Specific Specialty Requirement 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)
remanded
H-1B
Software Quality Assurance
The Director denied the petition, concluding the petitioner would accept any engineering degree, which would fail the 'specific specialty' r...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Wholesale
The appeal was dismissed because the petitioner failed to provide a certified Labor Condition Application (LCA) that corresponded to the pro...
Specialty Occupation Lca Correspondence With Petition
dismissed
H-1B
Management Analyst
The appeal was dismissed because the petitioner failed to rebut evidence that the beneficiary was not employed in the capacity specified in ...
Employment In Specified Capacity Accuracy Of Facts In Petition Violation Of Terms And Conditions Material Change In Employment Unauthorized Work Location Performance Of Specialty Occupation Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the proffered position of 'creative operations associate' did not qualify as a specialty occupation. The AA...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
It Advisory
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'advisory manager' position qualified as a specialt...
Position Is So Complex Or Unique Duties Are So Specialized And Complex
remanded
H-1B
Unknown
The appeal was remanded because the Director improperly denied the H-1B petition based on the beneficiary's alleged external conduct (acting...
Bona Fide Job Offer Specialty Occupation Maintenance Of Status Unauthorized Employment Extension Of Stay
dismissed
H-1B
Project Management
The appeal was dismissed because the petitioner failed to specify its minimum educational requirements for the proffered position. The AAO r...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Business Operations Manager 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)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(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 pet...
Beneficiary Qualifications (8 C.F.R. § 214.2(H)(4)(Iii)(C)) Degree Equivalency (8 C.F.R. § 214.2(H)(4)(Iii)(D)) Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered 'RN Clin III, Critical Care' position qualifies as a ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Complexity Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
remanded
H-1B
Information Technology
The appeal was remanded because the Director did not sufficiently articulate the grounds for revoking the petition. The AAO found that the D...
H-1B Registration Process Collusion In H-1B Registration Fraud And Willful Misrepresentation Revocation Of An Approved Petition Multiple Filings By Related Entities Legitimate Business Need
remanded
H-1B
Information Technology
The Director revoked the H-1B petition approval, finding that the Petitioner colluded with a related company to unfairly increase the benefi...
H-1B Registration Attestation Collusion Fraud/Misrepresentation Petition Revocation Multiple Filings By Related Entities Legitimate Business Need
sustained
H-1B
Software Development
The appeal was sustained because the AAO determined that the proffered position of Software Development Engineer III qualifies as a specialt...
8 C.F.R. § 214.2(H)(4)(Iii)(A) - Specialty Occupation Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(C) - Beneficiary Qualifications
remanded
H-1B
It Consulting
The appeal was remanded because the Director's decision to revoke the H-1B petition was not adequately explained. The Director concluded tha...
Revocation For Beneficiary No Longer Employed In Specified Capacity (8 C.F.R. § 214.2(H)(11)(Iii)(A)(1)) Material Change In Terms And Conditions Of Employment Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Behavioral Health
The appeal was dismissed because the Petitioner failed to demonstrate it was exempt from the H-1B cap and associated fees, as it did not pro...
Specialty Occupation Acwia Fee Exemption H-1B Cap Exemption Lca Correspondence
remanded
H-1B
Unknown
The Director revoked the petition approval, finding that the petitioner colluded with a related entity to submit multiple H-1B registrations...
H-1B Registration Attestation Collusion In H-1B Registration Fraud Grounds For Revocation Multiple Petitions By Related Entities Sufficient Notice Of Revocation
dismissed
H-1B
Mental Health Counseling
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'bilingual case manager' qualifies as a s...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered 'rehabilitation counselor' position did not qualify as a specialty occupation. The AAO conclu...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Rehabilitation Counseling
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of rehabilitation counselor qualifies as a...
Specialty Occupation H-1B Cap Exemption Lca Correspondence Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
remanded
H-1B
Unknown
The Director revoked an approved H-1B petition, alleging fraud because the petitioner and a related entity submitted multiple registrations ...
H-1B Registration Process Fraud Collusion In Registration Multiple Filings By Related Entities Legitimate Business Need Grounds For Revocation
dismissed
H-1B
Rehabilitation Counseling
The appeal was dismissed because the petitioner failed to establish that the proffered rehabilitation counselor position is a specialty occu...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position'S Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to prove the proffered 'habilitation specialist' position is a specialty occupation. ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Parallel Positions Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Rehabilitation Counseling
The appeal was dismissed because the petitioner failed to establish that the proffered rehabilitation counselor position qualifies as a spec...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity Of Specific Duties Requirement Of A Degree In A Specific Specialty
remanded
H-1B
Business
The Director revoked the petition approval, finding fraud because the petitioner coordinated with a related company to submit multiple H-1B ...
H-1B Registration Process Attestation Against Collusion Fraud Grounds For Revocation Multiple Filings By Related Entities
remanded
H-1B
Unspecified Specialty Occupation
The appeal was remanded because the AAO concluded that the Director did not provide sufficient notice of the specific grounds for revoking t...
H-1B Registration Process Collusion To Increase Selection Chances Attestation Of Legitimate Job Offer Grounds For Revocation Fraud And Misrepresentation
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