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 82 of 258
dismissed
H-1B
Health And Beauty Care
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualified 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 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 small home electronics wholesaler, failed to establish that the proffered accountant posi...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Restaurant
The appeal was dismissed because the petitioner, a fast-food restaurant business with two locations, failed to establish that the proffered ...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
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 Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter to the AAO on July 19, 2004, requesting that the appeal be withdrawn. The...
remanded
H-1B
Dentistry
The director denied the petition, concluding the 'dental researcher' position was not a specialty occupation and was similar to a dental ass...
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, a senior retirement facility, failed to establish that the proffered position of business 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 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
Unknown
The appeal was dismissed because the petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO did not revie...
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The appeal was subsequently dismissed based upon this ...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of budget accountant 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 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
The appeal was dismissed because the petitioner failed to establish that the proffered position of account manager 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 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 Beneficiary'S Qualifications To Perform The Services Of A Specialty Occupation
sustained
H-1B
Accounting
The director denied the petition, arguing the proffered part-time accountant role was not a specialty occupation because the duties resemble...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Requirement For A 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 Industry Standard Or Position Complexity Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter requesting that the appeal be withdrawn. The dismissal was not ...
dismissed
H-1B
Dentistry
The appeal was rejected and dismissed as untimely filed. The petitioner filed the appeal 35 days after the director's decision was mailed, e...
Timeliness Of Appeal Motion To Reopen Or Reconsider
dismissed
H-1B
Unknown
The petitioner's counsel submitted a letter requesting that the appeal be withdrawn. The appeal was subsequently dismissed based on this wit...
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner, through their counsel, submitted a letter to the AAO to withdraw the appeal. The dismissal ...
dismissed
H-1B
Restaurant/Events Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'events specialist' qualifies as a specia...
Normal Minimum Entry Requirement Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small residential care facility, failed to demonstrate that the proffered part-time accou...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Telecommunications
The motion to reopen or reconsider was dismissed. The petitioner failed to provide new facts, as required for a motion to reopen, and did no...
Specialty Occupation Bachelor'S Degree Requirement Industry Standard Motion To Reopen Motion To Reconsider
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...
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
Software Development
The appeal was rejected and dismissed as untimely filed. The petitioner filed the appeal 35 days after the director's decision was mailed, e...
Timeliness Of Appeal Motion To Reopen/Reconsider
dismissed
H-1B
Radiology
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to submit a brief or evidence identifying any spec...
Specialty Occupation Failure To State Grounds For Appeal
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a fast food franchise, failed to establish that the proffered position of an in-house accou...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Electronics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'electronics communications bidding analy...
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
Electrical Engineering
The appeal was dismissed because the petitioner failed to prove that the proffered position qualified as a specialty occupation. The directo...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
sustained
H-1B
Software Development
The appeal was sustained because the AAO determined that the six-year maximum period of authorized stay for an H-1B nonimmigrant only accrue...
Maximum Period Of Stay Recapturing Time Spent Abroad
sustained
H-1B
Software Development
The director denied the petition, believing it was filed after the beneficiary's H-1B status had expired. The AAO sustained the appeal becau...
H-1B Six-Year Limit Ac21 Extension Eligibility Pending Labor Certification For 365+ Days Timely Filing Of Extension Petition
dismissed
H-1B
Computer Networking
The appeal was dismissed because the petitioner, a computer networking business, failed to establish that the proffered position of a networ...
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
Music
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'music assistant/administrative assistant...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Management Analysis
The appeal was dismissed because the beneficiary was not found qualified to perform the duties of the specialty occupation, management analy...
Beneficiary Qualifications For A Specialty Occupation Possession Of A Required U.S. Baccalaureate Or Higher Degree Possession Of An Equivalent Foreign Degree Equivalence To A Degree Through A Combination Of Education, Training, And/Or Experience Evaluation Of Foreign Educational Credentials Evaluation Of Work Experience By A University Official
remanded
H-1B
Chiropractic Medicine
The director denied the petition, incorrectly finding the beneficiary ineligible as a foreign medical school graduate performing medical ser...
Ineligibility Of Foreign Medical Graduates Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to prove that the proffered position of an administrative assistant with public relat...
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 petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO therefore dismissed the appeal based...
sustained
H-1B
Medicine
The director denied the petition because the beneficiary, an anesthesiologist, did not possess a medical license for the state of intended e...
Beneficiary Qualifications Licensure Requirement
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time medical writer/researcher qua...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Normal Hiring Requirement For The Position Complexity And Specialization Of Duties
dismissed
H-1B
Purchasing
The appeal was dismissed because the petitioner failed to establish that the proffered position of purchasing agent qualifies as a specialty...
Specialty Occupation Minimum Education Requirements
dismissed
H-1B
Unknown
The appeal was dismissed on procedural grounds without a review of the merits. The dismissal was based on the petitioner's formal request to...
Withdrawal Of Appeal
sustained
H-1B
Animal Science
The director denied the petition, concluding the position of an artificial insemination technician was not a specialty occupation. The AAO s...
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 director denied the petition, concluding the position resembled that of a bookkeeper rather than a specialty occupation. The AAO sustain...
Specialty Occupation Definition Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Beneficiary'S Educational And Work Experience Equivalency
sustained
H-1B
Accounting
The director denied the petition, concluding the proposed part-time accountant role consisted of basic bookkeeping duties not qualifying as ...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique The Employer Normally Requires A Degree For The Position The Nature Of The Duties Is So Specialized And Complex
dismissed
H-1B
Unknown
The appeal was dismissed because counsel for the petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The decis...
dismissed
H-1B
Dentistry
The appeal was rejected because it was filed untimely. The director's decision was mailed on May 20, 2004, but the appeal was received 35 da...
Timeliness Of Appeal Motion To Reopen Or Reconsider
remanded
H-1B
Dentistry
The director denied the petition after concluding the 'dental researcher' position was equivalent to a dental assistant, an occupation not r...
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.
sustained
H-1B
Animal Science
The director denied the petition, concluding the proffered position of artificial insemination technician was not a specialty occupation. Th...
Baccalaureate Or Higher Degree Is Minimum Requirement For Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small residential care facility, failed to establish that the proffered part-time account...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Radiology
The appeal was summarily dismissed because the petitioner and its counsel failed to identify any specific erroneous conclusion of law or sta...
Specialty Occupation
dismissed
H-1B
Procurement
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 Common Degree Requirement In Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Telecommunications
The motion to reopen or reconsider was dismissed because the petitioner failed to provide new facts or demonstrate that the previous decisio...
Specialty Occupation Definition Bachelor'S Degree Requirement Industry Standard
dismissed
H-1B
Management Analysis
The appeal was dismissed because the beneficiary was found not qualified to perform the duties of the proffered specialty occupation, manage...
Beneficiary Qualifications Specialty Occupation Requirements Degree Equivalency Work Experience Evaluation
sustained
H-1B
Medicine
The director initially denied the petition because the beneficiary, an anesthesiologist, did not possess a state license to practice medicin...
State Licensure Beneficiary Qualifications
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The dir...
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
Restaurant/Event Management
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'events specialist' qualifies as a specialty ...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Electronics Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'electronics communications bidding analy...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was rejected as untimely filed. The petitioner filed the appeal 35 days after the director's decision was mailed, exceeding the 3...
Timely Filing Of Appeal Motion To Reopen Or Reconsider
sustained
H-1B
Accounting
The appeal was sustained because the AAO found that the proffered position was an accountant, which qualifies as a specialty occupation. The...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Beneficiary Qualifications
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the Form I-129 ...
Certified Labor Condition Application (Lca) Prior To Filing
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of a Japanese chef qualifies as a specialty ...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner indicated a brief would b...
Specialty Occupation Failure To State Basis For Appeal
dismissed
H-1B
Beauty Services
The appeal was dismissed because the petitioner, a company providing beauty services and products, failed to establish that the proffered po...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Duties' Complexity Requires Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant/auditor 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 The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner, a pet hotel and spa, failed to establish that the proffered manager position qualifies 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 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
Legal Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of researcher/legal assistant qualifies as a...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Beneficiary Qualifications
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies as a specialty o...
Degree Is Normal Minimum Requirement For The Position Degree Is Common To The Industry Position'S Duties Are So Specialized And Complex They Require A Degree Employer Normally Requires A Degree
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of public relations manager qualifies as a s...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Transportation
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact m...
Specialty Occupation Failure To Identify Error On Appeal
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of Human Resources Manager qualifies as a sp...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical researcher qualifies as a special...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The Degree Requirement Is Common To The Industry The Employer Normally Requires A Degree For The Position The Nature Of The Duties Are Specialized And Complex Beneficiary'S Qualifications And Licensure
dismissed
H-1B
Software Development
The appeal was summarily dismissed for procedural reasons. The petitioner failed to file a supporting brief or to specifically identify any ...
Failure To State Basis For Appeal Specialty Occupation
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 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
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of public relations manager qualifies as a s...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies 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
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of Human Resources Manager 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 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
Legal Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of researcher/legal assistant qualifies as a...
Specialty Occupation Definition Normal Minimum Requirement Of A Baccalaureate Degree For The Position Degree Requirement Common To The Industry Beneficiary'S Qualifications
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner, a pet hotel and spa, failed to demonstrate that the proffered manager position qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of assistant manager at a restaurant qualifi...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique/Complex Position Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualified as a specialty occupati...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Beauty Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager for a beauty services ...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Medical Instrumentation
The appeal was summarily dismissed because the petitioner failed to resolve significant inconsistencies in the record regarding its number o...
Failure To Resolve Inconsistencies In Evidence Failure To State Grounds For Appeal
dismissed
H-1B
Food Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified for the specialty occupation. The AAO ...
Beneficiary Qualifications For A Specialty Occupation Equivalence To A U.S. Baccalaureate Degree Evaluation Of Foreign Education Evaluation Of Work Experience Three-For-One Rule (Experience For Education)
dismissed
H-1B
Translation
The appeal was dismissed because the petitioner failed to establish that the proffered position of an interpreter/translator qualifies 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
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'services program director' 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 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
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of a Japanese chef 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 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
Software Development
The appeal was sustained because the 6-year period of authorized admission for an H-1B nonimmigrant only accrues during periods when the ali...
6-Year Maximum Period Of Stay Recapture Of Time Spent Abroad
sustained
H-1B
Software Development
The appeal was sustained because the AAO determined that the six-year maximum period of H-1B admission only accrues during periods when the ...
Maximum Period Of Stay Recapture Of Time Spent Abroad
dismissed
H-1B
Education
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) Prior To Filing
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the position of ground school manager qualifies as a specialty occu...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex As To Require A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant/auditor position qualifies as a specialty ...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Music
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'music assistant/administrative assistant...
Normal Degree Requirement For Position Degree Requirement Common To Industry Position'S Complexity Or Uniqueness Specialized And Complex Nature Of Duties
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the proffered position of ground school manager qualifies as a spec...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Duties Are So Specialized And Complex That A Degree Is Required
dismissed
H-1B
Computer Networking
The appeal was dismissed because the petitioner, a computer networking business, failed to prove that the proffered position of a network sy...
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
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of an administrative assistant with public r...
Normal Minimum Requirement For The Position Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require Knowledge Associated With A Degree
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO subsequently dismissed the appeal based upon t...
Withdrawal Of Appeal
dismissed
H-1B
Medical Instrumentation
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Failure To Identify Erroneous Conclusion Of Law Or Fact Inconsistencies In The Record Burden Of Proof
dismissed
H-1B
Medical Writing
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical writer/researcher qualifies as a ...
Normal Minimum Requirement Of A Bachelor'S Degree Industry Standard Degree Requirement Or Position Complexity Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Interpretation And Translation
The appeal was dismissed because the petitioner failed to establish that the proffered interpreter/translator position qualified as a specia...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of The Duties Are So Specialized And Complex That They Require A Degree Beneficiary'S Qualifications
dismissed
H-1B
Medical Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical researcher qualified as a special...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Hiring Requirement For The Position Specialized And Complex Nature Of The Duties Beneficiary'S Qualifications (Licensure)
sustained
H-1B
Software Development
The director denied the petition, believing the beneficiary's H-1B status had expired before the extension was filed. The AAO sustained the ...
H-1B Six-Year Limit Ac21 Extension Beyond Six Years Pending Labor Certification For 365+ Days Timely Filing Of Extension Petition
dismissed
H-1B
Healthcare Services
The appeal was dismissed because the petitioner, a health organization, failed to establish that the proffered position of 'services program...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Require Degree
dismissed
H-1B
Food Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the equivalent of a U.S. bachelor's degre...
Beneficiary Qualifications Educational Equivalency Work Experience Equivalency
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