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 81 of 258
sustained
H-1B
Software Development
The director denied the petition, finding that the petitioner did not establish it was a U.S. employer or that the position was a specialty ...
Specialty Occupation U.S. Employer Definition U.S. Agent Definition Lca Compliance Employment Itinerary
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Specialty Occupation Labor Condition Application Failure To State Grounds For Appeal
remanded
H-1B
Management Analysis
The director's decision was withdrawn and the case remanded because the denial was not sufficiently articulated. The director improperly foc...
Specialty Occupation Beneficiary Qualifications Ability To Pay Wage Foreign Degree Evaluation
sustained
H-1B
Construction Management
The director initially denied the petition, arguing that a construction manager position is not a specialty occupation as it does not always...
Normal Degree Requirement For The Position Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner, an employment contractor, failed to provide the required itinerary of definite employment. ...
Employer-Employee Relationship Specialty Occupation Definition Itinerary Of Services
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner, a software consulting firm, failed to establish that the position offered to the beneficiar...
Whether The Position Qualifies As A Specialty Occupation Normal Minimum Requirement Of A Bachelor'S Degree Or Equivalent Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer'S Normal Degree Requirement For The Position Whether The Duties Are So Specialized And Complex As To Require A Degree Itinerary Requirement For Employment At Third-Party Worksites Evidence Of The End-Client'S Job Requirements For Employment Contractors
dismissed
H-1B
Transportation Services
The motion to reconsider was dismissed because it was not timely filed, arriving 41 days after the AAO's previous decision was mailed. The A...
Specialty Occupation Beneficiary Qualifications Timeliness Of Motion Requirements For Motion To Reopen Requirements For Motion To Reconsider
dismissed
H-1B
Computer Support
The appeal was dismissed because the petitioner failed to establish that the proffered position of computer support specialist qualifies as ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation of syste...
Beneficiary Qualifications Degree Equivalency Experience Evaluation 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Vending Machine Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of an electrical engineer to service and rep...
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
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proposed Public Relations Director position qualifies as a spec...
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
Architecture
The director denied the petition because the beneficiary was not qualified for the proposed 'architect' position, as they lacked the require...
Beneficiary Qualifications Licensure Requirement Specialty Occupation Definition Material Change To Petition
remanded
H-1B
Civil Engineering
The director's decision was withdrawn because the petitioner provided evidence from the state licensing board that the beneficiary's duties ...
Licensure Requirement For Engineers Specialty Occupation Definition Degree As Normal Minimum Requirement Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Construction
The appeal was dismissed because the petitioner failed to establish that the proposed position of architectural project director qualifies 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, 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
dismissed
H-1B
Advertising And Promotions
The appeal was dismissed because the petitioner failed to establish that the proffered position of Advertising and Promotions Analyst qualif...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Position'S Complexity Or Uniqueness Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Sports And Fitness
The appeal was dismissed because the petitioner, a tennis and health club, failed to establish that the proffered position of 'director of e...
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 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
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
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
Financial Services
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) from the Department of Labor ...
Submission Of A Certified Labor Condition Application (Lca) Prior To Filing
dismissed
H-1B
Unknown
The appeal was rejected on procedural grounds because it was filed by the beneficiary, who is not a recognized party to file an appeal. The ...
Proper Party To File An Appeal Maintaining Valid H-1B Status For Extension H-1B Six-Year Limit Exemption (Ac21)
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager qualifies as a special...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time human resources specialist qu...
(1) Normal Degree Requirement (2) Industry Norm / Complex Position (3) Employer'S Normal Requirement (4) Specialized And Complex Duties
dismissed
H-1B
Travel Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'manager/flight reservations' qualifies a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Music
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified to perform the duties of a specialty occupatio...
Beneficiary Qualifications Foreign Degree Equivalency Work Experience Equivalency Expert Opinion Letters
dismissed
H-1B
Non-Profit Management
The appeal was dismissed because the petitioner failed to establish that the executive director position qualifies as a specialty occupation...
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)
remanded
H-1B
Accounting
The director denied the petition, concluding that the proffered accountant position was not a specialty occupation because some duties appea...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Position'S Complexity Requiring A Degree Employer Normally Requires A Degree Specialized And Complex Nature Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. As a result, the AAO dismissed the appeal based upon i...
sustained
H-1B
Medicine
The director denied the petition because the beneficiary did not possess the required state medical license. The AAO sustained the appeal, f...
State Licensure For Specialty Occupation Beneficiary Qualifications Requirements Under 8 C.F.R. § 214.2(H)(4)(Iii)(C)
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner, a laundry and dry cleaning business, failed to establish that the proffered position qualif...
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
Aviation
The appeal was dismissed because the petitioner, a helicopter training academy, failed to establish that the proffered position of chief fli...
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
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a residential care facility, failed to establish that the proffered accountant position qua...
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
Business Operations
The appeal was dismissed because the petitioner failed to establish that the proffered position of business operations analyst 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 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
Government Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'bidding analyst' qualifies as a specialt...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
remanded
H-1B
Accounting
The director denied the petition, concluding the proffered accountant role was not a specialty occupation because it included bookkeeping du...
Normal Minimum Degree Requirement For The Position Industry Standard Degree Requirement Or Position'S Complexity Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex Requiring A Degree
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner, a convalescent hospital, failed to establish that the proffered position of Public Relation...
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
Human Resources
The appeal was dismissed because the petitioner, a small fast-food restaurant business, failed to establish that the proffered position of H...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial analyst qualifies as a specialt...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small wholesaler of home electronics, failed to establish that the proffered accountant p...
Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner, a seafood restaurant, failed to establish that the proffered position of 'food service mana...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner submitted a formal letter to the AAO requesting that the ...
Withdrawal Of Appeal
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered budget accountant position qualifies as a specialty o...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Business Operations
The appeal was dismissed because the petitioner failed to establish that the proffered 'business operations analyst' position qualifies as a...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that their appeal be withdrawn. The AAO's decision was therefore not based on the me...
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'account manager' position qualifies as a specialty o...
Position Normally Requires A Bachelor'S Degree Or Equivalent Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree Beneficiary'S Qualifications To Perform A Specialty Occupation
dismissed
H-1B
Import/Export
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation under an...
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 to the AAO requesting that the appeal be withdrawn. The decision was not ...
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO dismissed the appeal based upon this request f...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Automotive Repair
The appeal was dismissed because the petitioner failed to establish that the proffered position of an auto electrical technician qualifies a...
Degree Is Normal Minimum Requirement Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Culinary Arts
The motion to reopen or reconsider was dismissed because it did not meet the applicable requirements. The petitioner failed to present new, ...
Specialty Occupation Beneficiary Qualifications Motion To Reopen Motion To Reconsider
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to prove that the proffered position of Assistant Manager at a restaurant qualifies a...
Normal Degree Requirement For Position Degree Common To Industry / Position Is Complex Or Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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
Automotive Repair
The appeal was dismissed because the petitioner, an auto electrical repair business, failed to demonstrate that the proffered position of 'a...
Normal Degree Requirement For Position Industry Standard For Similar Positions Position Is So Complex Or Unique It Requires A Degree Employer'S Normal Hiring Requirement For The Position Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a fast food franchise, failed to establish that the proffered position of a part-time accou...
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
Transportation
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of l...
Specialty Occupation Failure To Identify Error On Appeal
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accounting executive' qualified as a spe...
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 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
Automotive Engineering
The appeal was sustained because the director incorrectly determined that the beneficiary's labor certification application had been denied....
H-1B Extension Beyond 6 Years Ac21 Eligibility Pending Labor Certification
sustained
H-1B
Automotive Engineering
The appeal was sustained because the director misinterpreted evidence concerning the beneficiary's labor certification application. The dire...
H-1B Extension Beyond 6 Years Ac21 Eligibility Pending Labor Certification
sustained
H-1B
Medicine
The appeal was sustained because the AAO found that extenuating circumstances excused the beneficiary's failure to complete his three-year e...
Extenuating Circumstances For Early Termination Of Employment J-1 Waiver 2-Year Home Country Residence Requirement 3-Year Employment Requirement In A Designated Shortage Area Hardship To The Alien Labor Condition Application (Lca) Violation
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner, a laundry and dry cleaning business, failed to establish that the proffered position of 'el...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of Public Relations Specialist 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 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
Medicine
The appeal was sustained because the AAO found the beneficiary faced extenuating circumstances that excused the early termination of his pre...
Extenuating Circumstances For Early Termination Of Employment J-1 Waiver 3-Year Service Requirement Breach Of Contract Labor Condition Application (Lca) Violation
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO on September 6, 2005, requesting that the appeal be withdrawn. The AAO dismissed the appeal bas...
sustained
H-1B
Medicine
The director denied the petition because the beneficiary did not possess the required state medical license. The AAO sustained the appeal, f...
Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the proffered position of chief flight instructor qualifies as a sp...
Normal Minimum Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business Operations
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time business operations analyst a...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of accountant/financial analyst 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 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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
remanded
H-1B
Education
The director denied the petition, finding the petitioner had not established it was a U.S. employer. The AAO found the petitioner, a public ...
Whether The Position Qualifies As A Specialty Occupation Whether The Petitioner Is A United States Employer Whether The Beneficiary Is Qualified For The Position Whether The Labor Condition Application (Lca) Requirement Was Met
dismissed
H-1B
Chemical Engineering
The appeal was dismissed because the beneficiary was found not qualified to perform services in a specialty occupation. The beneficiary did ...
Beneficiary Qualifications For Specialty Occupation Foreign Degree Equivalency Work Experience And Education Equivalency Evaluation Of Credentials
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified for the specialty occupation. The AAO ...
Beneficiary Qualifications Equivalency To Degree Through Experience Credentials Evaluation Expert Opinion Letters
dismissed
H-1B
Aircraft Maintenance
The director's denial was affirmed because the petitioner failed to establish that the proffered position of 'field maintenance engineer' qu...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered hotel manager position qualifies as a specialty occup...
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
dismissed
H-1B
Restaurants
The appeal was dismissed because the petitioner, a chain of fast food restaurants, failed to establish that the proffered accountant positio...
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
Culinary Arts
The motion to reopen or reconsider was dismissed because the petitioner failed to meet the applicable requirements. The petitioner did not p...
Specialty Occupation Beneficiary Qualifications Motion To Reopen Motion To Reconsider
dismissed
H-1B
Computer Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'sales representative' qualifies as a spe...
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
dismissed
H-1B
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time budget analyst is a specialty...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of programmer analyst qualified as a special...
Specialty Occupation Definition Employer-Employee Relationship
dismissed
H-1B
Health And Beauty Products
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualifies as a sp...
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 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
Insurance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'construction/property consultant' qualif...
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
Healthcare Administration
The appeal was dismissed because the beneficiary, who holds the equivalent of a U.S. bachelor's degree in Physical Therapy, was not qualifie...
Beneficiary Qualifications For A Specialty Occupation Whether The Proffered Position Is A Specialty Occupation
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the beneficiary was found not qualified for the specialty occupation. The beneficiary's degree in physical ...
Beneficiary'S Qualifications For A Specialty Occupation Whether The Proffered Position Qualifies As A Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish two key points. First, the evidence did not prove that the proffered pos...
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Employer-Employee Relationship
remanded
H-1B
Architecture
The director's decision was withdrawn and the case was remanded. The AAO found that the proffered 'project manager' position qualified as 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 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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Unknown
The appeal was dismissed on procedural grounds. The petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdra...
dismissed
H-1B
Customs Brokerage
The appeal was dismissed because the petitioner, a customs brokerage firm, failed to demonstrate that the proffered position of Business Ope...
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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of accountant/financial analyst 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 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
Diamond Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'import 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 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
Accounting
The appeal was dismissed because the petitioner, a sporting goods company, failed to establish that the proffered part-time accountant posit...
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 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's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The dismiss...
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of a hotel manager qualifies as a specialty ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Aircraft Maintenance
The AAO affirmed the director's denial, concluding that the proffered 'field maintenance engineer' position did not qualify as a specialty o...
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 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
Computer Sales
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales representative' position qualifies as a specia...
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
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of budget analyst qualified as a specialty o...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a chain of fast food restaurants, failed to demonstrate that the proffered accountant posit...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Requirement For A Degree Duties Are So Specialized And Complex To Require A Degree
dismissed
H-1B
Chemical Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary is qualified to perform services in a specialty o...
Beneficiary Qualifications Specialty Occupation Degree Equivalency Work Experience Evaluation Combination Of Education And Experience
remanded
H-1B
Education
The director initially denied the petition, finding the petitioner had not established it was a valid U.S. employer. On appeal, the petition...
Specialty Occupation Definition U.S. Employer Status Beneficiary'S Qualifications Labor Condition Application (Lca) Requirements
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform the duties of the specialty...
Beneficiary Qualifications Equivalence To A U.S. Baccalaureate Degree Evaluation Of Foreign Education Evaluation Of Work Experience
dismissed
H-1B
Government Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of bidding analyst qualifies as a specialty ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
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