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 78 of 258
dismissed
L-1B
Aviation Maintenance
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge specific to its org...
Specialized Knowledge Special Knowledge Advanced Knowledge One Year Of Prior Employment
remanded
L-1B
Software Development
The appeal was remanded because the Director's denial contained significant factual and procedural errors. The Director improperly relied on...
Specialized Knowledge Special Knowledge Advanced Knowledge Employment Abroad In A Qualifying Capacity Employment In The U.S. In A Specialized Knowledge Capacity
dismissed
L-1A
Wholesale And Distribution
The appeal was dismissed because the Petitioner failed to prove that the Beneficiary had one continuous year of qualifying employment abroad...
One Year Of Continuous Employment Abroad Managerial Or Executive Capacity (Abroad) New Office Requirements
dismissed
L-1A
Clothing Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad in a qualifying managerial...
Employment Abroad In A Managerial Capacity One Year Of Continuous Foreign Employment Qualifying Relationship New Office Requirements
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a managerial or executive ca...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Definition Of Managerial/Executive Capacity
dismissed
L-1A
Wholesale Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship One Year Continuous Employment Abroad Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Safety Video Solutions
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a qualifying managerial capa...
Managerial Capacity (Abroad) Supervision Of Professional/Managerial Employees Personnel Manager Vs. Function Manager Organizational Structure
dismissed
L-1A
Religious Goods Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in an executive capacity. At the ti...
Executive Capacity New Office Extension Primarily Performing Qualifying Duties
dismissed
L-1A
Digital Marketing
The appeal was dismissed primarily because the petitioner failed to establish it had secured sufficient physical premises to house the new o...
Sufficient Physical Premises For A New Office One Year Of Foreign Employment Employment In A Managerial Or Executive Capacity New Office'S Ability To Support A Manager/Executive
remanded
L-1A
Information Technology
The appeal was remanded because the AAO concluded that the petitioner likely did not receive the Director's denial decision. Evidence, inclu...
One Continuous Year Of Foreign Employment Managerial Or Executive Capacity Abroad Proper Notice Of Decision
dismissed
L-1A
Computer Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity One Year Continuous Employment Abroad New Office Ability To Support Managerial/Executive Position
dismissed
L-1A
Telecommunications/Electrical Installation
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity Managerial Capacity Definition Executive Capacity Definition New Office Requirements
dismissed
L-1A
Wholesale And Distribution
The appeal was dismissed because the petitioner failed to prove the beneficiary had one continuous year of qualifying employment abroad with...
One Year Continuous Employment Abroad Qualifying Relationship New Office Requirements
dismissed
L-1A
Retail/Wholesale Grocery
The appeal was dismissed primarily because the petitioner failed to establish it had secured sufficient physical premises for its new office...
Sufficient Physical Premises For A New Office Qualifying Relationship One Year Of Qualifying Employment Abroad Managerial/Executive Capacity In The U.S.
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner did not establish that the new office would be able to support a managerial or executive pos...
Managerial Or Executive Capacity New Office Requirements Ability To Support A Managerial/Executive Position Within One Year Staffing Structure Primarily Engaged In Qualifying Duties
remanded
L-1A
Education Services
The appeal was remanded because the Director incorrectly concluded that the beneficiary's time in the United States interrupted the required...
One Year Of Continuous Employment Abroad Employment In An Executive Capacity
sustained
L-1A
Flooring Technology
The appeal was sustained because the Director misapplied the legal standards for 'managerial capacity' to the Beneficiary's subordinates, wh...
Executive Capacity New Office Requirements Staffing Levels Duties Of Subordinates
remanded
L-1B
Tire Mold Manufacturing
The appeal was remanded because the Director did not sufficiently consider new evidence submitted on appeal or the petitioner's claim that t...
Specialized Knowledge Advanced Knowledge Employment Abroad In A Qualifying Capacity Qualifications For The Position
dismissed
L-1A
Accounting
The appeal was dismissed, affirming the Director's revocation of the petition's approval. The AAO found that the petitioner failed to establ...
Executive Capacity New Office Requirements Staffing Levels Grounds For Revocation Doing Business
dismissed
L-1A
Photopurification Technology
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive or manager...
Managerial Capacity Executive Capacity Job Duties Organizational Structure
dismissed
L-1A
Logistics
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity Personnel Manager Function Manager Employment Abroad
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad full-time for one continuo...
One Year Of Foreign Employment Managerial/Executive Capacity Abroad Qualifying Relationship New Office Requirements
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to demonstrate its ability to support an executive position within one year of approv...
Sufficient Physical Premises Beneficiary'S Prior Employment In A Managerial Or Executive Capacity Ability Of The U.S. Operation To Support An Executive Position Within One Year
dismissed
L-1A
Digital Marketing
The appeal was dismissed because the petitioner failed to overcome the Director's findings on two key grounds. The petitioner did not adequa...
One Year Of Qualifying Foreign Employment Managerial Capacity (U.S. Position) New Office Requirements Managerial Capacity (Foreign Position)
dismissed
L-1A
Artificial Intelligence
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad in a qualifying executive capacit...
Employment Abroad In A Qualifying Capacity Executive Capacity Organizational Structure Subordinate Staff
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to prove the beneficiary had the required one year of qualifying employment abroad. G...
One Year Of Qualifying Employment Abroad Employment Abroad In A Managerial Or Executive Capacity New Office Will Support A Managerial Or Executive Position Within One Year
dismissed
L-1A
Medical Supplies
The appeal was dismissed as moot because the petitioning company was found to be inactive, having filed for dissolution. The petitioner did ...
Managerial Or Executive Capacity Viability Of Petitioning Entity Qualifying Relationship Doing Business
dismissed
L-1A
Fruit Import And Export
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a managerial or executive ca...
Managerial Capacity Executive Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The e...
Qualifying Relationship Managerial Or Executive Capacity One Year Of Foreign Employment New Office Requirements
dismissed
L-1B
Law
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The A...
Qualifying Relationship Parent-Subsidiary Relationship Ownership And Control De Facto Control Swiss Verein Structure
dismissed
L-1B
Marble Construction
The appeal was dismissed because the petitioner failed to establish it was 'doing business' in the United States. The Director and AAO found...
Doing Business
dismissed
L-1A
Retail
The motion to reopen was dismissed because the petitioner failed to submit new facts supported by documentary evidence. The new letter from ...
Managerial Or Executive Capacity One Year Of Employment Abroad Performance Of Managerial Duties Management Of Subordinate Staff Personnel Authority
remanded
L-1A
Restaurant
The appeal was remanded because the Director's initial denial lacked a complete analysis. Upon de novo review, the AAO found the record was ...
Managerial Or Executive Capacity Qualifying Relationship New Office One Year Of Employment Abroad
dismissed
L-1A
Retail
The appeal was dismissed because the Petitioner failed to prove the Beneficiary was employed abroad for one continuous year in the three yea...
Qualifying Relationship One Year Of Foreign Employment Managerial/Executive Capacity Abroad Sufficient Physical Premises For New Office Ability For New Office To Support A Manager/Executive
remanded
L-1A
Construction And Education
The decision was remanded due to procedural error. The Director improperly issued a denial after an approval notice without following the re...
Procedural Requirements For Revocation Of An Approved Petition Fraud Or Willful Misrepresentation Managerial Or Executive Capacity
dismissed
L-1A
Agriculture
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed primarily in a managerial capacity ...
Managerial Capacity Executive Capacity New Office Extension
sustained
L-1A
Sales/Management
The appeal was sustained because the Director improperly analyzed the beneficiary's role as a 'function manager.' The AAO found that the Dir...
Managerial Capacity Function Manager Performance Of Non-Managerial Duties
remanded
L-1B
Software Development
The appeal was remanded because the Director applied an incorrect legal standard. The Director improperly focused on whether the Beneficiary...
Specialized Knowledge Special Knowledge Advanced Knowledge Beneficiary'S Qualifications
dismissed
L-1A
Fashion
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect applicat...
Managerial Or Executive Capacity New Office Requirements Motion To Reopen Standards Motion To Reconsider Standards Sufficient U.S. Investment
dismissed
L-1A
Trucking
The motion to reopen was dismissed because the petitioner failed to state new facts supported by documentary evidence. The petitioner reasse...
Qualifying Relationship Sufficient Physical Premises (New Office) One Year Of Foreign Employment Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The U.S.
dismissed
L-1A
Information Technology
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary's role, both abroad and in the U.S., was primarily ...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) One Year Of Continuous Employment Abroad Temporary Nature Of Employment
dismissed
L-1A
Laundry Service
The motions to reopen and reconsider were dismissed on procedural grounds. The petitioner failed to submit relevant new facts to warrant reo...
Managerial Or Executive Capacity Qualifying Employment Abroad New Office Requirements Motion To Reopen Standards Motion To Reconsider Standards
dismissed
L-1A
Restaurant Management
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial capacity in the ...
Managerial Capacity In The U.S. Managerial Capacity Abroad One Year Of Employment Abroad Qualifying Prior Education, Training, And Employment
dismissed
L-1A
Picture Frames
The motion to reopen was dismissed because the petitioner failed to state new facts or provide new documentary evidence. The motion to recon...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1A
Interior Design And Construction
The appeal was dismissed because it contested the merits of the original petition denial rather than addressing the Director's reasons for d...
Sufficient Physical Premises For New Office Beneficiary'S Prior Employment In A Managerial Or Executive Capacity New Office'S Ability To Support A Managerial Or Executive Position Within One Year Procedural Requirements For A Motion To Reconsider
dismissed
L-1A
Retail
The appeal was dismissed on procedural grounds. The AAO's review was limited to the Director's decision to dismiss a motion to reconsider, a...
Sufficient Physical Premises Managerial Or Executive Capacity (Abroad) Ability To Support Managerial Position (New Office)
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Managerial Or Executive Capacity Job Duties Staffing Levels
dismissed
L-1A
Distribution
The combined motion was dismissed because the petitioner failed to meet the procedural requirements. The evidence submitted for the motion t...
Employment Abroad In A Managerial Or Executive Capacity New Office Viability One Year Continuous Foreign Employment Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1A
Fast-Food Restaurant
The appeal was dismissed because the petitioner failed to establish that its new office would support the beneficiary in a primarily manager...
Managerial Or Executive Capacity New Office Requirements Ability To Support Position Within One Year Staffing Plans
dismissed
L-1A
Jewelry And Gemstones
The Director denied the petition, concluding the record did not establish that the Beneficiary would be employed in a managerial or executiv...
Managerial Capacity
dismissed
L-1A
Herbal Medicine And Logistics Consulting
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The Petitioner did not provide new ...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements Revocation Of Petition Approval
remanded
L-1A
Information Technology
The Director denied the petition after concluding the new office would not support an executive position within one year. The AAO remanded t...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Manager/Executive Within One Year
remanded
L-1A
Automotive Components
The decision was remanded because the Director's denial relied on issues not clearly raised in the request for evidence, specifically concer...
Managerial Capacity Abroad Managerial Capacity In The Us Definition Of Managerial Capacity Essential Function Manager Staffing Levels
dismissed
L-1A
Hospitality Management
The appeal was dismissed because the petitioner did not establish that the beneficiary's position abroad as a sous chef was primarily in a m...
Employment Abroad In A Managerial Capacity Supervision Of Other Supervisory/Professional/Managerial Employees
dismissed
L-1A
Leather And Textile Goods
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in a managerial capac...
Managerial Capacity Abroad Executive Capacity Abroad
dismissed
L-1A
Computer Consulting
The motion to reopen was dismissed because the petitioner did not state new facts or provide new supporting documentary evidence. The petiti...
Employment Abroad In A Managerial Or Executive Capacity Motion To Reopen Requirements One Year Of Qualifying Employment Abroad New Office Viability To Support A Managerial Position
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Or Executive Capacity (Foreign Employment) One Year Of Continuous Foreign Employment Physical Presence Abroad New Office Requirements
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Job Duties Organizational Structure Staffing Levels Primarily Engaged In Managerial Duties
sustained
L-1B
Engineering And Construction
The appeal was sustained because the AAO found the Director erred in concluding the beneficiary lacked the required one year of employment i...
Specialized Knowledge One Year Of Qualifying Employment Abroad Proposed Position Requires Specialized Knowledge Off-Site Placement (L-1 Visa Reform Act)
dismissed
L-1B
Marketing And Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a specialized knowledge capa...
Specialized Knowledge One Year Of Qualifying Employment Abroad Qualifying Relationship
dismissed
L-1A
Information Technology
The motions to reopen and reconsider were dismissed because the petitioner failed to prove the beneficiary was employed abroad in the requir...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements One Continuous Year Of Employment Abroad
dismissed
L-1A
Telecommunications
The motion to reconsider was dismissed because the petitioner failed to establish that the beneficiary worked abroad primarily in a manageri...
Managerial Capacity Executive Capacity Employment Abroad New Office
remanded
L-1A
Clothing Retail
The case was remanded after the petitioner submitted new evidence on a motion to reopen, successfully demonstrating that the beneficiary was...
Managerial Capacity (Abroad) Qualifying Relationship New Office Requirements Sufficient Physical Premises
dismissed
L-1A
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Organizational Structure Substantiation Of Job Duties
dismissed
L-1A
Sports Management
The motion to reopen was dismissed because the petitioner failed to provide new facts, submitting evidence that post-dated the petition's fi...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Us) Qualifying Relationship New Office Requirements Eligibility At Time Of Filing
dismissed
L-1A
Farm Products Trading And Education Consulting
The appeal was dismissed because the petitioner failed to provide sufficient evidence, such as contracts or invoices, to demonstrate it had ...
Doing Business For The Previous Year Managerial Or Executive Capacity Staffing Levels Financial Status
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Capacity Executive Capacity
dismissed
L-1A
Farming
The motion was dismissed because the petitioner failed to prove the beneficiary would primarily be employed in a managerial or executive cap...
Managerial/Executive Capacity (U.S. Role) Managerial/Executive Capacity (Foreign Role) Distinction Between Qualifying And Non-Qualifying Duties Sufficient Staffing To Support Manager New Office One-Year Provision Financial Viability Of Petitioner
dismissed
L-1A
Trucking And Transportation
The appeal was dismissed because the petitioner failed to establish that its new office would support the beneficiary in a primarily manager...
Managerial Capacity New Office Requirements Ability To Support Position Within One Year Business Plan Viability Staffing Levels Financial Investment
dismissed
L-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the one-year continuous foreign employment requ...
One-Year Foreign Employment
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the new office would support the beneficiary in a primarily manager...
Managerial Capacity New Office Requirements Job Duties Staffing Plans Qualifying Relationship With Foreign Employer Beneficiary'S Prior Employment Abroad
dismissed
L-1B
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a capacity involving special...
Specialized Knowledge Foreign Employment In A Specialized Knowledge Capacity Advanced Knowledge
dismissed
L-1A
Real Estate And Property Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer at the...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements Affiliate Relationship Ownership And Control
dismissed
L-1A
Marketing
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a managerial or executive capaci...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying executi...
Executive Capacity Primarily Performing Qualifying Duties
dismissed
L-1A
Transportation Vehicles
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed primarily in a qualifying executi...
Executive Capacity Managerial Capacity New Office Extension Primarily Performing Qualifying Duties
sustained
L-1A
Advertising Technology
The appeal was sustained because the Director misapplied the legal standard by requiring the beneficiary's subordinates to be managers, a cr...
Executive Capacity Directing The Management Of An Organization Or Component Establishing Goals And Policies Discretionary Decision-Making Receiving Only General Supervision
dismissed
L-1A
Information Technology
The motion to reopen and reconsider was dismissed because it was filed untimely, well after the 33-day deadline. The petitioner's excuse of ...
Timeliness Of Motion Requirements For Motion To Reopen Requirements For Motion To Reconsider
dismissed
L-1B
Media News Rating
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the U.S. involves specialize...
Specialized Knowledge Qualifying Relationship One Year Continuous Employment Abroad
dismissed
L-1A
Brand Development
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a qualifying managerial capacity...
Managerial Capacity Job Duties Primarily Managerial Vs. Operational Duties
dismissed
L-1A
Health And Wellness Supplements
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a qualifying executive capacity ...
Employment In An Executive Capacity New Office Requirements Job Duties Analysis
dismissed
L-1A
Quality Assurance
The appeal was dismissed because the petitioner failed to establish eligibility at the time the petition was filed. The petitioner's argumen...
Managerial Or Executive Capacity
dismissed
L-1A
Restaurant Business
The appeal was dismissed because the petitioner failed to provide a detailed job description with a time allocation breakdown for the benefi...
Managerial Capacity Detailed Job Duties Time Allocation For Duties
dismissed
L-1B
Industrial Automation
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possesses specialized knowledge. The petitioner d...
Specialized Knowledge Special Knowledge Advanced Knowledge Qualifying Employment Abroad Proposed Employment In A Specialized Knowledge Capacity
dismissed
L-1A
Data Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the United States would be p...
Managerial Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the Petitioner did not establish that the new office would support the Beneficiary's employment in a primar...
Managerial Capacity New Office Requirements Employment Abroad Staffing Levels Job Duties Within One Year
dismissed
L-1A (intracompany transferee, manager/executive)
Oil And Gas Engineering
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a managerial or executive capaci...
Managerial Capacity Executive Capacity Doing Business Abroad Doing Business In The U.S. One Year Of Foreign Employment
sustained
H-1B
Architecture
The director denied the H-1B extension, believing the beneficiary had exhausted her six years in H status by incorrectly including time spen...
H-1B Six-Year Limit Ac21 Extension Eligibility 365-Day Rule For Labor Certification Counting Of Time In H-4 Status
sustained
H-1B
Mechanical Engineering
The appeal was sustained because the AAO found that the proffered position of production manager qualified as a specialty occupation. The AA...
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)
sustained
H-1B
Accounting
The appeal was sustained on a motion to reconsider after the AAO's initial dismissal. The petitioner provided new evidence, including expert...
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
sustained
H-1B
Sports Coaching
The appeal was sustained because the AAO found that the petitioner successfully established the assistant men's soccer coach position qualif...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of Catering Director 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 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 Is 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
Unknown
The appeal was dismissed because the petitioner submitted a letter formally requesting that the appeal be withdrawn. The AAO acted on this r...
Withdrawal Of Appeal
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) from the Department of Labor ...
Certified Labor Condition Application (Lca)
dismissed
H-1B
Business Education
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the Form I-129 ...
Timely Filing Of Certified Labor Condition Application (Lca)
dismissed
H-1B
Electrical Services
The appeal was dismissed on procedural grounds because it was filed by the beneficiary, not the petitioner. Per regulations, the beneficiary...
Standing To Appeal
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to prove that the proffered position of electrical engineer consultant qualifies as a...
Normal Minimum Requirement For The Position Is A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner abandoned the petition by failing to respond to a request for evidence after the case was re...
Beneficiary Qualifications Abandonment
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The decision was not based on the ...
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a staffing agency, failed to establish it qualified as a U.S. employer or an agent. The pet...
U.S. Employer Employer-Employee Relationship Agent Status Itinerary Of Services
Turn fresh precedent into a stronger draft
MeritDraft uses recent AAO decisions to help attorneys and self-petitioners draft better O-1 and NIW arguments faster.
Start Free Trial →