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 83 of 258
dismissed
H-1B
Market Research
The appeal was rejected because it was improperly filed by the beneficiary's counsel, not the petitioner. Regulations prohibit a beneficiary...
Specialty Occupation Improper Filing Of Appeal
sustained
H-1B
Healthcare
The director initially denied the petition, questioning the authenticity of the job offer based on perceived wage inconsistencies with a pre...
Specialty Occupation Definition Beneficiary'S Qualifications Bona Fide Job Offer Material Change In Employment
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proposed position of market research analyst qualified as a spe...
Bachelor'S Degree Is Normal Minimum Requirement For The Position 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
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered part-time accountant position qualified 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, 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
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of systems analyst/programmer 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 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
Accounting
The director initially denied the petition, finding the proffered accountant position did not qualify as a specialty occupation. The AAO sus...
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
Health Services Management
The appeal was dismissed because the petitioner, an assisted living facility, failed to establish that the proffered position of 'night shif...
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
Equestrian
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the position. Specifically, the petitioner...
Beneficiary Qualifications Specialty Occupation Educational Equivalency
sustained
H-1B
Business Management
The appeal was sustained upon reconsideration because the AAO found the beneficiary qualified to perform the services of a management analys...
Beneficiary Qualifications Specialty Occupation Educational Equivalence Work Experience Equivalence
dismissed
H-1B
Computer Security
The appeal was dismissed because the record failed to establish that the proffered position of computer security analyst 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
Healthcare Administration
The appeal was dismissed because the petitioner failed to establish that the proffered position of coordinator for patient support services,...
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 Them Is Usually Associated With A Baccalaureate Or Higher Degree.
sustained
H-1B
Pharmacy
The director denied the petition, finding that the 'pharmacist intern' position was equivalent to a pharmacy technician, which does not requ...
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
Internet Technology
The director initially denied the petition because the beneficiary's labor certification had not been pending for 365 days at the time the H...
H-1B Six-Year Limit Ac21 Extension 365-Day Pending Labor Certification
sustained
H-1B
Software Engineering
The initial denial was based on the petitioner's failure to provide job responsibilities from the actual end-client. On appeal, the petition...
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
sustained
H-1B
Accounting
The director initially denied the petition based on a perceived lack of credibility, citing a discrepancy between the number of employees li...
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.
remanded
H-1B
Physical Therapy
The director revoked the previously approved petition, asserting that the petitioner had altered documents and made misleading statements, t...
Specialty Occupation Beneficiary Qualifications Licensure Requirement Wage Requirements Document Authenticity
sustained
H-1B
Aviation
The director initially denied the petition, asserting that a flight instructor position is not typically a specialty occupation. The appeal ...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
sustained
H-1B
Film Production
The appeal was sustained because the AAO found that the proffered position of film and video director qualified as a specialty occupation. W...
Specialty Occupation Definition Baccalaureate Degree Or Equivalent Normally Required Degree Requirement Common To Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Beneficiary'S Qualifications
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a teacher recruitment and placement company, failed to establish that a specific, valid tea...
Specialty Occupation Definition Employer-Employee Relationship Existence Of A Valid Position At Time Of Filing
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...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner, a restaurant, failed to establish that the proffered position of general manager qualifies ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Healthcare
The appeal was dismissed because the beneficiary was not qualified to perform the duties of the specialty occupation. Although the AAO found...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Computer Security
The appeal was dismissed because the petitioner, a clinical psychology clinic, failed to establish that the proffered position of 'computer ...
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
Clothing Industry
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business analyst' qualified as a special...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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
Fine Art Gallery
The director denied the petition because the proffered position of operations manager was not considered a specialty occupation. The AAO dis...
Specialty Occupation Failure To Identify Error On Appeal
dismissed
H-1B
Construction Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'construction and safety manager' qualifi...
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 Programming
The appeal was dismissed because the petitioner failed to establish that the part-time computer programmer 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 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 Science
The appeal was dismissed because the petitioner failed to establish that the proffered programmer analyst position qualifies as a specialty ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'quality assurance coordinator' position qualifies ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations. The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Nature Of The Specific Duties Are 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
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of marketing and publicity manager qualifies...
Normal Degree Requirement For The Position 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
Education
The appeal was dismissed because the petitioner, a teacher recruitment agency, failed to prove that the proffered position is a specialty oc...
Employer-Employee Relationship Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Software
The appeal was dismissed as moot. The beneficiary, for whom the H-1B extension was sought, had already adjusted their status to that of a la...
Ac21 Extension Timely Filing Mootness Adjustment Of Status
dismissed
H-1B
Unknown
The appeal was rejected because it was filed untimely. The petitioner filed the appeal 34 days after the decision was issued, exceeding the ...
Timeliness Of Appeal
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a teacher recruitment business, failed to establish that the proffered teaching position qu...
Employer-Employee Relationship Specialty Occupation Itinerary
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered teaching position qualified as a specialty occupation...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Manufacturing
The appeal was dismissed because the petitioner, a tool and equipment manufacturer, failed to establish that the proffered position of compu...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of Japanese instructor, translator, and rese...
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
Systems Engineering
The appeal was dismissed because the petition to extend the beneficiary's H-1B status was filed after his prior status had expired. Although...
H-1B Six-Year Limit Ac-21 Extension Timely Filing For Extension Of Status Ineffective Assistance Of Counsel
dismissed
H-1B
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'freight traffic consultant' qualifies as...
Normal Degree Requirement For Position Common Degree Requirement In Industry Position'S Complexity/Uniqueness Requiring A Degree Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accounting clerk' qualifies as a special...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Mortgage Brokerage
The appeal was dismissed because the petitioner failed to establish that the proffered position of paralegal is a specialty occupation. The ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Entertainment Production
The appeal was dismissed because the petitioner failed to establish that the proffered position of program director qualifies as a specialty...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position. A Degree Requirement Is Common To The Industry In Parallel Positions. The Employer Normally Requires A Degree For The Position. The Duties Are So Specialized And Complex That They Require A Degree.
remanded
H-1B
Software Consulting
The director revoked a previously approved H-1B petition because the beneficiary had failed to maintain their prior F-1 student status. The ...
Grounds For Revocation Under 8 C.F.R. § 214.2(H)(11)(Iii)(A) Beneficiary'S Maintenance Of Nonimmigrant Status (F-1) Change Of Nonimmigrant Status Gross Error In Petition Approval
dismissed
H-1B
Architecture
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of a specialty ...
Beneficiary Qualifications State Licensure Foreign Degree Equivalency
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to provide a required itinerary and contracts for work to be performed, as the benefi...
Employer-Employee Relationship Itinerary For Multiple Locations Specialty Occupation Criteria
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'patient care coordinator' qualifies as a...
Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry In Parallel Positions Employer Normally Requires A Degree For The Position Nature Of The Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small food service company, failed to establish that the proffered accountant position qu...
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
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform services in a specialty occ...
Beneficiary Qualifications For Specialty Occupation Equivalence Of Education And Experience To A U.S. Bachelor'S Degree Progressively Responsible Experience
dismissed
H-1B
Systems Analyst
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualifies 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 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
Mechanical Engineering
The appeal was dismissed because the petitioner presented conflicting information about its business, first claiming to be a mechanical engi...
Baccalaureate Or Higher Degree Is The Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of a specialty ...
Beneficiary Qualifications For Specialty Occupation U.S. Baccalaureate Or Higher Degree Foreign Degree Equivalent Experience Equivalent To Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to prove the proposed accountant position qualifies as a specialty occupation. The pe...
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate compliance with the work location provision of the certified Labor Con...
Lca Compliance Work Location
sustained
H-1B
Speech Language Pathology
The director denied the petition because the beneficiary had already been in the U.S. for over six years, the maximum period for H-1B status...
Six-Year Maximum Stay Ac21 Extension Beyond Six Years Pending Labor Certification For Over 365 Days
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a staffing agency, failed to provide a contract or a sufficiently detailed work itinerary f...
Specialty Occupation Itinerary For Multiple Work Locations Baccalaureate Or Higher Degree Is Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
remanded
H-1B
Computer Services
The director denied the petition, believing the petitioner was a staffing company that failed to provide contracts with client companies to ...
Specialty Occupation Definition Beneficiary Qualifications Employer-Employee Relationship Agent Vs. Employer Status Itinerary For Services In More Than One Location
dismissed
H-1B
Veterinary Services
The appeal was dismissed because the petitioner failed to prove the proffered position of 'veterinary technologist' 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
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to prove that a labor certification application on the beneficiary's behalf had been ...
H-1B Extension Beyond 6 Years Ac21 Requirements Pending Labor Certification For 365+ Days Specialty Occupation
remanded
H-1B
Computer Software Consulting
The director denied the petition on the grounds that the beneficiary was not qualified to perform services in a specialty occupation. The di...
Beneficiary Qualifications Foreign Degree Equivalency Education And Experience Equivalency
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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
Moving And Storage
The director denied the petition, concluding that the petitioner's business did not require a financial analyst. The AAO sustained the appea...
Normal Degree Requirement For Position Degree 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...
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 failed to file a certified Labor Condition Application (LCA) at the time it filed the H-1B e...
Labor Condition Application (Lca) Requirement
dismissed
H-1B
Automotive Export
The appeal was dismissed because the petitioner, an importer and exporter of used cars, failed to establish that the proffered position of c...
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 / Healthcare Administration
The appeal was dismissed because the petitioner, an assisted living facility, failed to establish that the proffered position of 'administra...
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
Physical Therapy
The appeal was dismissed because the petitioner, a staffing agency, failed to provide a contract or work order from the end-client where the...
Specialty Occupation Labor Condition Application (Lca) End-Client Work Requirements For Staffing Agencies
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of a preschool teacher qualifies as a specia...
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
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of credit analyst qualifies as a specialty...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specific Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter requesting that the petition be withdrawn. The AAO's order reflects this ...
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'general operations manager' for a restau...
Degree Is Normal Minimum Requirement Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, an employment staffing company, failed to provide sufficient evidence that the proffered ac...
Specialty Occupation Definition Baccalaureate Or Higher Degree Requirement Degree Requirement Common To The Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Third-Party Worksite Requirements (Defensor V. Meissner)
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner, a motel, failed to establish that the proffered position of manager qualifies as a specialt...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specialized And Complex Duties Usually Associated With A Degree
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of a chef qualifies as a specialty occupat...
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
Fashion Design
The appeal was dismissed because the petitioner failed to prove that the proffered position of Fashion Designer qualifies as a specialty occ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'marketing specialist' 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 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
Web Design
The appeal was dismissed because the petitioner, a small cellular phone wholesaler, failed to establish that the proffered Web Designer posi...
Normal Minimum Requirement For Entry Into The Position Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree
remanded
H-1B
Accounting
The director's decision was withdrawn because the AAO determined that the proffered position of budget accountant is a specialty occupation,...
Specialty Occupation Requirements (8 C.F.R. 214.2(H)(4)(Iii)(A)) Beneficiary Qualifications For Specialty Occupation (8 C.F.R. 214.2(H)(4)(Iii)(C)) Degree Equivalency Based On Education And Experience (8 C.F.R. 214.2(H)(4)(Iii)(D))
remanded
H-1B
Sales Management
The director initially denied the petition, finding the beneficiary was not qualified for the specialty occupation based on his degree. The ...
Beneficiary'S Qualifications Specialty Occupation
dismissed
H-1B
Maintenance Supervision
The appeal was dismissed because the petitioner failed to establish that the proffered position of Maintenance Supervisor qualifies as a spe...
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 That They Require A Degree
dismissed
H-1B
Health Care Administration
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the specialt...
Beneficiary'S Educational Qualifications Degree Equivalency State Licensure
dismissed
H-1B
Information Technology
The director denied the petition, finding the position was not a specialty occupation because the petitioner failed to establish a valid emp...
Specialty Occupation Definition Employer-Employee Relationship Us Agent Requirements Itinerary Of Employment
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'health services coordinator' qualifies a...
Normal Degree Requirement For Position Industry Standard For Similar Positions Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Sports Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of assistant public relations specialist 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, 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
Quality Control Engineering
The appeal was dismissed because the petitioner, a retail gasoline business, failed to establish that the proffered position of Quality Cont...
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
Computer Programming
The appeal was dismissed because the petitioner failed to establish that the proffered computer programmer position qualified 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 Requires 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 Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a computer consulting and staffing firm, failed to provide contracts or agreements with its...
Bachelor'S Degree Or Equivalent Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of international marketing analyst qualifies...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Architecture
The appeal was dismissed because the petitioner failed to establish that the proffered position of an architectural drafter qualifies as a s...
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
Law
The appeal was dismissed because the petitioner, a law firm, failed to establish that the proffered position of Legal Administrator qualifie...
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
Systems Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualifies as a specialty o...
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
Marketing
The appeal was dismissed because the petitioner, an Asian supermarket, failed to establish that the proffered position of marketing speciali...
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
Architecture
The appeal was dismissed because the petitioner failed to establish that the proffered position of architectural drafter is a specialty occu...
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 Science
The appeal was dismissed because the petitioner failed to establish that the proffered computer programmer position qualified 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)
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered 'legal administrator' position qualifies as a special...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Graphic Design
The director initially denied the petition, not because graphic designer isn't a specialty occupation, but because it was believed the petit...
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 Engineering
The director denied the petition, finding the proffered software engineer role was not a specialty occupation. The AAO sustained the appeal,...
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
Computer Science
The appeal was dismissed because the petitioner, a ticket broker, failed to establish that the proffered position of computer engineer quali...
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
Software Engineering
The director initially denied the petition because the proffered position was not deemed a specialty occupation. The appeal was sustained be...
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
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