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 84 of 258
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was qualified for the specialty occupation of app...
Beneficiary Qualifications Specialty Occupation Degree Requirement Education And Experience Equivalency 8 C.F.R. 214.2(H)(4)(Iii)(C) 8 C.F.R. 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner, a travel agency, failed to establish that the proffered position of business management ana...
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, an auto parts retailer, failed to establish that the proffered accountant position qualifie...
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 Bachelor'S Degree Or Higher
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish the beneficiary's qualifications for the specialty occupation. While the...
Specialty Occupation Definition (8 C.F.R. 214.2(H)(4)(Iii)(A)) Beneficiary Qualifications (8 C.F.R. 214.2(H)(4)(Iii)(C))
dismissed
H-1B
Import/Export
The appeal was dismissed because the petitioner failed to establish that the proffered position of a bilingual business contract administrat...
Normal Minimum Requirement For The Position Is A Baccalaureate Or Higher Degree 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, an IT consulting firm, failed to prove the proffered position of programmer/analyst 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
Hospitality Management
The appeal was dismissed because the petitioner, a hotel, failed to establish that the proffered position of 'hotel accounts manager' 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 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
Social Management
The appeal was dismissed because the petitioner, a new business, failed to prove that the proffered position of 'researcher in social manage...
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
Graphic Design
The director denied the petition, arguing that the petitioner, a restaurant franchisor, did not have a bona fide need for a full-time graphi...
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 establish that the proffered accountant position qualified 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
Medical Services
The appeal was dismissed because the petitioner, a medical facility and spa, failed to establish that the proffered position of Market Resea...
Specialty Occupation Definition Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Flight Training
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Director of Flight Training 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 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
Childcare
The appeal was dismissed because the petitioner, a childcare facility, failed to establish that the position of a preschool teacher qualifie...
Degree Is Normal Minimum Requirement Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Farm Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's education and experience were equivalent to a U.S...
Specialty Occupation Definition Beneficiary Qualifications For Specialty Occupation Equivalency Of Foreign Degree Equivalency Of Education And Experience 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D) Three-For-One Rule (Experience For Education) Recognition Of Expertise In The Specialty
dismissed
H-1B
Construction Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of construction/property consultant qualifie...
Baccalaureate Or Higher Degree Is A Normal Minimum Requirement Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position 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 beneficiary was qualified to perform the duties of an entry-lev...
Beneficiary Qualifications For A Specialty Occupation Equivalence Of Education And Work Experience To A U.S. Bachelor'S Degree Requirements For Educational And Experience Evaluations 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Medical Research
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Specialty Occupation
remanded
H-1B
Architecture
The director initially denied the petition, concluding the 'project manager' position was not a specialty occupation. The AAO found that the...
Degree Is Normal Minimum Requirement Degree Is Common To Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Equestrian
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the specialt...
Beneficiary Qualifications Specialty Occupation Degree Equivalency
dismissed
H-1B
Customs Brokerage
The appeal was dismissed because the petitioner, a customs brokerage firm, failed to establish that the proffered position of 'business oper...
Normal Minimum Requirement Of A Baccalaureate Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position The Nature Of The Duties Is So Specialized And Complex
dismissed
H-1B
Electronics Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered position of systems analyst qualifies as a specialty ...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Position'S Complexity Or Uniqueness Requiring A Degree
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner, a small medical facility and spa, failed to establish that the proffered position of a mark...
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.
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 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
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of a preschool teacher qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry To 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 establish that the beneficiary was qualified for the specialty occupation. The ben...
Beneficiary Qualifications Educational Equivalence Experience Equivalence 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Flight Training
The appeal was dismissed because the petitioner, a helicopter training academy, failed to establish that the proffered position of 'director...
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
Farm Management
The AAO affirmed its prior decision to deny the petition, finding that the petitioner failed to establish the beneficiary was qualified for ...
Beneficiary'S Qualifications Degree Equivalency Experience Equivalent To A Degree
dismissed
H-1B
Health Care
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of international marketing analyst 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 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
Marketing
The appeal was dismissed because the petitioner, a supermarket, failed to establish that the proffered position of marketing specialist qual...
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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of Senior Systems Engineer qualifies as a sp...
Normal Minimum Requirement Of A Bachelor'S Degree Industry Standard Degree Requirement Or Position Complexity Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. The Labor Condition Application (LCA)...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(B)(1) Labor Condition Application (Lca) Requirement Eligibility At The Time Of Filing
dismissed
H-1B
Diamond Industry
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'import director' qualified as a specialt...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of public relations specialist qualifies as ...
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
Medical Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of nuclear medicine technologist qualifies a...
Normal Minimum Requirement For The Position Is A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Unknown
The appeal was dismissed based on procedural grounds, not on the merits of the case. The petitioner submitted a letter requesting that the a...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of senior accounting analyst 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, 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
Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualified as a sp...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Position'S Complexity Or Uniqueness Requires A Degree Employer Normally Requires A Degree Specialized And Complex Duties Associated With A Degree
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Marketing Coordinator' qualifies as a sp...
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
Business
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualifies as a special...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Veterinary Medicine
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Veterinary Technician 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
Marketing
The motion to reconsider was dismissed because the underlying appeal was correctly rejected as improperly filed. The appeal had been filed b...
Standing To Appeal (Beneficiary Vs. Petitioner) Improper Filing Of Appeal Motion To Reconsider Requirements
dismissed
H-1B
Systems Analysis
The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) at the time the petition was ...
Certified Labor Condition Application (Lca)
dismissed
H-1B
Dentistry
The AAO affirmed the director's denial. Although a prior AAO decision found the position qualified as a specialty occupation, the case was r...
Specialty Occupation Beneficiary Qualifications Licensure
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of Computer Application Administrator 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 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
remanded
H-1B
Computer Engineering
The appeal was remanded because the director's denial was based on incorrect facts and did not consider the evidence of record. The director...
Specialty Occupation
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'manager of operations' for a water mas...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner failed to establish that the beneficiary was eligible for an H-1B extension beyond the six-y...
H-1B Six-Year Limit (Ina 214(G)(4)) Ac21 Extension Beyond Six Years 365-Day Rule For Pending Labor Certification
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to submit a required approved Labor Condition Application (LCA) with the initial peti...
Approved Labor Condition Application
dismissed
H-1B
Health Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'health services analyst' qualifies as a ...
Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Nursing
The director initially denied the petition because the proffered staff nurse position was not a specialty occupation. On appeal, the petitio...
Specialty Occupation Material Change On Appeal
dismissed
H-1B
Computer Software
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 Bachelor'S Degree Requirement Complexity Of Duties
dismissed
H-1B
Computer Software
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of programmer analyst qualifies as a speci...
Employer-Employee Relationship Specialty Occupation Criteria
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary is qualified to perform the duties of a specialty...
Beneficiary Qualifications For A Specialty Occupation Equivalence To A U.S. Bachelor'S Degree Evaluation Of Foreign Education And Work Experience
dismissed
H-1B
Retail
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management analyst' qualifies as a speci...
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
Social Work
The appeal was dismissed because the petitioner failed to establish that the proposed social worker position qualifies as a specialty occupa...
Specialty Occupation Definition Minimum Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Beneficiary'S Qualifications And Licensure
dismissed
H-1B
Construction
The appeal was dismissed because the petitioner, a general contractor, failed to establish that the proposed position of 'construction proje...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner was not eligible for an H-1B extension beyond the six-year limit under AC21. This extension ...
H-1B Extension Beyond 6-Year Limit American Competitiveness In The Twenty-First Century Act (Ac21) Finality Of A Decision On An I-140 Petition Eligibility For Status Extension Pending An Employment-Based Immigrant Petition
sustained
H-1B
Software Development
The director denied the petition, finding the 'network and systems administrator' role was not a specialty occupation. The AAO sustained the...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner failed to establish that the proffered position of catering and concessions manager qualifie...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Religious Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of Religious Education 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 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 quality control supervisor qualifies as a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Marketing / Wholesale Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position of marketing management 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 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 restaurant manager 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
Software Development
The appeal was dismissed because the petitioner failed to establish that the proposed 'technical support specialist' 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, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
remanded
H-1B
Healthcare
The director's decision was withdrawn and the case remanded because the AAO disagreed with the director's characterization of the proffered ...
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
sustained
H-1B
Computer Science
The director denied the petition, finding the 'technical support' position was not a specialty occupation. The AAO sustained the appeal, rea...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular 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
Unknown
The petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO dismissed the appeal based upon this...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered part-time accountant position qualifies as a specialt...
Normal Minimum Requirement Of A Baccalaureate 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
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered 'law clerk' position qualifies as a specialty occupat...
Normal Minimum Requirement For The Position Degree Requirement Common To The Industry Position Is Complex Or Unique
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an importer of crafts, failed to establish that the proffered position of Database Administ...
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
International Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'sales development manager' qualifies as ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Purchasing
The appeal was dismissed because the petitioner failed to establish that the proffered position of Purchasing Manager qualifies as a special...
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
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of chief financial officer 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 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
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of market research analyst 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
dismissed
H-1B
Unknown
The appeal was dismissed because counsel for the petitioner submitted a letter requesting that the appeal be withdrawn. The AAO did not cond...
Withdrawal Of Appeal
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish eligibility at the time the petition was filed. The Labor Condition Appl...
Valid Labor Condition Application (Lca) Specialty Occupation
dismissed
H-1B
Auditing
The appeal was dismissed because the petitioner failed to establish that the proffered auditor position qualifies as a specialty occupation....
Normal Minimum 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...
Normal Degree Requirement For Position Common Industry Degree Requirement
dismissed
H-1B
Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management analyst' qualified as a speci...
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 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
Law
The appeal was dismissed because the petitioner, a law firm, failed to establish that the proffered position of 'legal researcher' 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 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
Physical Therapy
The director denied the petition because the beneficiary was not yet licensed to practice physical therapy in California. The appeal was sus...
8 C.F.R. 214.2(H)(4)(Iii)(C) 8 C.F.R. 214.2(H)(4)(V) 8 C.F.R. 214.2(H)(4)(V)(C) California Code Of Regulations Title 16, Division 13.2 1399.10
dismissed
H-1B
Budget Analysis
The appeal was summarily dismissed because the petitioner failed to address the substance of the director's decision, which found the proffe...
Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed because the AAO determined the proffered 'budget accountant' position did not qualify as a specialty occupation. Th...
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
Sales
The appeal was dismissed because the petitioner failed to establish that the proffered 'account manager' 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 The Employer Normally Requires A Degree Or Its Equivalent For The Position
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accountant/accounting clerk director' qu...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner, a supermarket, failed to establish that the proffered position of 'market research assistan...
Normal Degree Requirement For Position Industry Standard Or Complexity Of Position Employer'S Normal Hiring Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Logistics Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of logistical engineer qualifies as a specia...
Degree Is Normal Minimum Requirement For The Position Degree 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 As To Require A Degree
dismissed
H-1B
Pharmaceuticals
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'sterile production specialist' qualified...
Normal Minimum Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner, a supermarket, failed to establish that the proffered position of market research assistant...
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
Physical Therapy
The director initially denied the petition because the beneficiary, a physical therapist intern, lacked a state license. The appeal was sust...
8 C.F.R. 214.2(H)(4)(Iii)(C) 8 C.F.R. 214.2(H)(4)(V) 8 C.F.R. 214.2(H)(4)(V)(C) State Licensure Requirement Beneficiary Qualifications
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of business/market research analyst qualifie...
Normal Degree 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
sustained
H-1B
Accounting
The director denied the petition, finding the proposed duties to be primarily those of a bookkeeper or accounting clerk, which do not requir...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For 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
Pharmaceuticals
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'sterile production 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
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'logistical engineer' qualified 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 Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of a business/market research analyst qualif...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Textile Dyeing And Printing
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 Degree Requirement Common To Industry Employer'S Normal Hiring Requirement Specialized And Complex Duties
sustained
H-1B
Accounting
The director denied the petition, asserting that the proposed duties were primarily those of a bookkeeper or accounting clerk, which do not ...
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 spa and fitness center, failed to establish that the proffered accountant position ...
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 summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation
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