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 86 of 258
dismissed
H-1B
Technical Writing
The appeal was dismissed because the petitioner, a federal contractor, failed to establish that the proffered position of technical writer q...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Financial Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'financial services bidding analyst' quali...
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, a manufacturer of bags and shoes, failed to establish that the proposed position of compute...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
remanded
H-1B
Dentistry
The director denied the petition, concluding the position of 'dental specialist/researcher' was akin to a medical records technician, which ...
Specialty Occupation Definition Normal Minimum Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Common To The Industry Whether Duties Are So Specialized And Complex To Require A Degree
remanded
H-1B
Veterinary Medicine
The director denied the petition, finding that the position of a senior veterinary technician was not a specialty occupation because the Occ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial specialist 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
Computer Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer engineer bidding analyst' quali...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Real Estate
The appeal was dismissed because the AAO determined the proffered position did not qualify as a specialty occupation. The AAO found that the...
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 beneficiary was not in valid H-1B status when the extension petition was filed, as the six-year maximum...
Ac21 Extension Beyond 6-Year Limit Pending Labor Certification Or I-140 For 365+ Days Maintenance Of Valid Status For Extension
dismissed
H-1B
Internet Technology
The AAO found that the petitioner did qualify as the beneficiary's employer, disagreeing with one of the director's grounds for denial. Howe...
Employer-Employee Relationship Specialty Occupation Baccalaureate Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex Employer Normally Requires A Degree Nature Of Duties Is Specialized And Complex
dismissed
H-1B
Travel Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations manager' position qualified as a specialt...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small Greek specialty foods business, failed to establish that the proffered accountant p...
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
Real Estate
The motion to reopen or reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present new f...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) with the initial filing or in...
Submission Of Certified Labor Condition Application (Lca) Eligibility At Time Of Filing Submission Of Evidence On Appeal
sustained
H-1B
Computer Science
The director initially denied the petition, finding that the proffered network analyst position was not a specialty occupation. The appeal w...
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
Interior Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'interior design consultant' 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 Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical assistant 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 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 Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'operations manager' qualifies as a speci...
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
Medical Diagnostics
The appeal was dismissed because the petitioner failed to establish that the proffered position of Medical Records Administrator qualified a...
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Healthcare Services
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 Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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
Food Import/Export
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence to support the appeal. Counsel did not specif...
Specialty Occupation Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Banking
Although the AAO agreed with the petitioner that time spent outside the U.S. can be recaptured to extend the six-year H-1B limit, the appeal...
Six-Year Limit On H-1B Status Recapture Of Time Spent Abroad Burden Of Proof Evidentiary Requirements For Time Abroad
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 Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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
Gas Station/Retail
The appeal was dismissed because the petitioner, an owner of gas stations and car washes, failed to establish that the proffered position of...
Normal Degree Requirement For Position Industry Standard Or Unique/Complex Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the AC21 Act. The la...
Ac21 Seventh-Year Extension 365-Day Pending Labor Certification Rule Ineffective Assistance Of Counsel
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of Medical Assistant qualifies as a specialt...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Petroleum Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'manager of operations' 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
Medical Diagnostics
The appeal was dismissed because the petitioner failed to establish that the proffered position of Medical Records Administrator 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
Food Import/Export
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence after filing the notice of appeal. Counsel fa...
Specialty Occupation Failure To Identify Error On Appeal
dismissed
H-1B
Healthcare Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualified as a special...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position 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
Unknown
The appeal was dismissed because the petitioner's counsel formally withdrew the appeal via a facsimile message. The decision was based solel...
dismissed
H-1B
Banking
The AAO agreed with the petitioner's legal argument that time spent outside the U.S. can be recaptured to extend the six-year H-1B limit, di...
Six-Year Maximum Stay Recapture Of Time Spent Abroad
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of accountant qualifies as a specialty occup...
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 Or Equivalent For The Position Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Retail Business
The appeal was dismissed because the petitioner, an operator of gas stations and car washes, failed to establish that the proffered position...
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 beneficiary was ineligible for an H-1B extension beyond the six-year limit under AC21. The request was ...
H-1B Six-Year Limit Ac21 Extension Beyond Six Years 365-Day Rule For Ac21 Ineffective Assistance Of Counsel
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 Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Business Operations
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'manager of operations' 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 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, a Montessori school, failed to establish that the position of preschool teacher qualifies a...
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
Unknown
The appeal was dismissed because the petitioner's counsel formally withdrew the appeal. The decision was purely procedural and did not addre...
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 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 AAO agreed with the director that the proffered position did not qualify as a specialty occupation. The...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
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...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity Of Duties Requiring A Degree
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'utilization review coordinator' qualifie...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of real estate manager qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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 Services In A Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter requesting that the appeal be withdrawn. The decision is based solely on ...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to prove the proffered accountant position qualified as a specialty occupation. The p...
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 qualifies as a specialty occupati...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Medical Technology
The appeal was dismissed because the petitioner failed to establish that the proffered medical technologist position qualifies as a specialt...
Normal Degree Requirement For Position Common Industry Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Financial Services
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 Common Industry Degree Requirement Or Unique/Complex Position Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner, a small clothing manufacturer, failed to establish that the proffered position of Market Re...
Specialty Occupation Definition Minimum Degree Requirement Industry Standard For Position Complexity Of Specific Duties
remanded
H-1B
Information Technology
The director denied the petition for failing to establish that the petitioner was the beneficiary's employer or agent, primarily because the...
Specialty Occupation Definition Employer-Employee Relationship Agent Definition Lca Compliance Beneficiary Qualifications
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO therefore dismissed the appeal based upon the ...
Withdrawal Of Appeal
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered 'health services coordinator' position qualifies as a...
Normal Minimum 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
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered position of a critical care nurse qualified as a spec...
Specialty Occupation Beneficiary Qualifications (Licensure)
dismissed
H-1B
Insurance
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation Beneficiary Qualifications Degree Equivalency
dismissed
H-1B
Transportation
The appeal was dismissed because the petitioner failed to establish that the proffered position of Transportation Manager qualifies as a spe...
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
dismissed
H-1B
Furniture Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'furniture designer' qualifies as a speci...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex Requiring A Degree
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner, a restaurant, failed to establish that the proffered position of executive chef qualifies a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to prove that the proffered position of marketing manager qualifies as a specialty oc...
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
Financial Services
The motion to reopen or reconsider was dismissed on procedural grounds. The petitioner stated that additional evidence would be submitted at...
Specialty Occupation Motion To Reopen/Reconsider Requirements
dismissed
H-1B
Law
The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined the appeal was improperly filed because the...
Specialty Occupation Standing To Appeal / Improper Filing
remanded
H-1B
Unknown
The Administrative Appeals Office (AAO) reopened the matter on its own motion after a prior appeal was rejected. The purpose of the reopenin...
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'copy and newsletter writer' 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 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
Elderly Care
The appeal was dismissed because the petitioner, an elderly home facility, failed to establish that the proffered position of marketing anal...
Normal Minimum Requirement Of 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 As To Require A Degree
dismissed
H-1B
Journalism
The appeal was dismissed because the petitioner failed to establish that the proffered journalist/writer position qualified 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, 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
The AAO determined that the proffered position of health services analyst was equivalent to a health services manager. For a facility of the...
Specialty Occupation Definition Beneficiary Qualifications Degree Requirement Industry Standard
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial analyst qualifies as a specialt...
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 They Require A Degree
dismissed
H-1B
Budget Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered Budget Analyst position qualified as 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 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
remanded
H-1B
Marketing Research
The director's denial was withdrawn and the petition was remanded. The AAO found that the petitioner did successfully establish that the pro...
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 an assistant teacher qualifies as a speci...
A Baccalaureate Or Higher Degree Or Its Equivalent Is The Normal 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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
remanded
H-1B
E-Commerce
The director denied the petition, believing it was a new H-1B subject to the annual numerical cap, which had been reached. The AAO found tha...
H-1B Numerical Cap/Exemption Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Laboratory Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'high complexity testing personnel' quali...
Normal Degree Requirement For Position Common Degree Requirement For Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO's d...
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter requesting that the appeal be withdrawn. The AAO did not conduct a substa...
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
remanded
H-1B
Accounting
The director's decision was withdrawn and the petition remanded. The AAO found that the proffered position of auditor 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 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
Budget Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered budget analyst position qualifies as 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 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.
remanded
H-1B
Information Technology
The director denied the petition, concluding the petitioner failed to establish it was the beneficiary's employer by not providing end-clien...
Employer-Employee Relationship Agent Relationship Lca Compliance Specialty Occupation
dismissed
H-1B
Law
The appeal was rejected because it was improperly filed by the beneficiary's representative instead of the petitioner. According to regulati...
Improper Filing Standing To Appeal
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner, a small clothing company, failed to establish that the proffered market research analyst po...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter requesting that the appeal be withdrawn. The Administrative Appeals Offic...
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered position of a critical care nurse qualifies as a spec...
Specialty Occupation Beneficiary Qualifications Licensure Requirement
dismissed
H-1B
Insurance
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation Beneficiary Qualifications Degree Equivalency
dismissed
H-1B
Furniture Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of furniture designer 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 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 Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Transportation
The appeal was dismissed because the petitioner failed to establish that the proffered position of transportation manager qualifies as a spe...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business
The appeal was summarily dismissed for procedural reasons, as the petitioner failed to specifically identify any erroneous conclusion of law...
Failure To Identify Specific Error Of Law Or Fact On Appeal (8 C.F.R. § 103.3(A)(1)(V)) Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner, an Indian restaurant, failed to establish that the proffered position of executive chef qua...
Normal Degree Requirement For Position Industry Norm Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Marketing
The AAO found that the proffered position of marketing research analyst qualifies as a specialty occupation, disagreeing with the director's...
Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer'S Past Hiring Practice For The Position Specialized And Complex Nature Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Financial Services
The motion to reopen or reconsider was dismissed on procedural grounds. The petitioner stated that additional evidence would be submitted at...
Specialty Occupation Motion To Reopen/Reconsider Filing Requirements
remanded
H-1B
Unknown
The AAO is reopening the case on its own motion after a previous appeal was rejected. The purpose of this action is to enter a new decision ...
Reopening On Motion
dismissed
H-1B
Copywriting
The appeal was dismissed because the petitioner failed to establish that the proffered position of copy and newsletter writer 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
Software Engineering
The appeal was dismissed because the Labor Condition Application (LCA) for the new employment location was certified after the petition was ...
Lca Certification Prior To Filing Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, an elderly home facility, failed to establish that the proffered marketing analyst position...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Chiropractic Medicine
The director initially denied the petition, concluding that the beneficiary, as a graduate of a foreign medical school, was ineligible for H...
Foreign Medical Graduate Restrictions Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of purchasing agent qualifies as a specialty...
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
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation. An expe...
Beneficiary Qualifications Experience Equivalent To Degree Specialty Occupation
sustained
H-1B
Construction
The director denied the petition, concluding the 'project engineer' role was akin to a construction manager, which does not normally require...
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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