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 88 of 258
dismissed
H-1B
Finance
The appeal was dismissed because the AAO concluded that the proffered position did not qualify as a specialty occupation. Despite the title ...
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
Federal Contracting
The appeal was dismissed because the petitioner, a federal contractor, failed to establish that the proffered position of 'construction and ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
remanded
H-1B
E-Commerce
The director denied the petition because the H-1B numerical cap for the fiscal year had been reached. The AAO found that since the beneficia...
H-1B Numerical Cap Extension Of Status Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Auditing
The AAO found that the proffered auditor position qualified as a specialty occupation, disagreeing with the director's denial. The AAO deter...
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, a small Subway sandwich restaurant, failed to demonstrate that the proposed financial analy...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Automobile Maintenance And Repair
The appeal was dismissed because the petitioner, an auto repair facility, failed to establish that the proposed position of computer informa...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accounting and billing supervisor' 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 The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Hospitality
The appeal was dismissed because the petitioner failed to establish that the proffered position of purchasing director 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 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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems/program 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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would actually perform work in the proffered specia...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Fashion Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of a specialty ...
Beneficiary Qualifications Degree Equivalency Work Experience Evaluation Progressively Responsible Experience Three-For-One Rule
remanded
H-1B
Auditing
The director denied the petition, asserting the proposed auditor duties were similar to those of a clerk and did not constitute 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
Jewelry
The appeal was dismissed because the petitioner failed to establish that the proffered position of Sales and Marketing Manager qualified as ...
Normal Degree Requirement For The Position Degree Requirement Is Common In The Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Marine Equipment
The appeal was dismissed because the petitioner failed to establish that the proffered position of general manager qualifies as a specialty ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
O-1B
Arts
The service center director initially denied the petition. The petitioner's counsel subsequently requested that the appeal be withdrawn, lea...
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of general manager qualifies as a specialty ...
Normal Minimum Requirement Of A Baccalaureate Degree For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Degree
sustained
H-1B
Finance
The director denied the petition, concluding the 'managing director of the investment division' position was not a specialty occupation. The...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would actually perform work in the proffered 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
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems/program 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
remanded
H-1B
Auditing
The director denied the petition, finding that the proposed auditor position was similar to a clerical role and not a specialty occupation. ...
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
Fashion Design
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was qualified to perform the duties of a specialt...
Beneficiary Qualifications For Specialty Occupation Equivalency To A U.S. Baccalaureate Degree Combination Of Education And Experience Recognition Of Expertise Three-For-One Rule (Experience For Education)
dismissed
H-1B
Jewelry
The appeal was dismissed because the petitioner, a jewelry company, failed to establish that the proffered position of Sales and Marketing M...
Normal Minimum Requirement Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex
dismissed
H-1B
Hospitality
The appeal was dismissed because the petitioner failed to establish that the proffered position of General Manager qualifies as a specialty ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Marine Equipment Sales
The appeal was dismissed because the petitioner failed to establish that the proffered general manager position qualifies as a specialty occ...
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
Dentistry
The appeal was summarily dismissed because the petitioner failed to submit a brief, new evidence, or specify any legal or factual errors in ...
Specialty Occupation
dismissed
H-1B
Dentistry
The appeal was summarily dismissed because the petitioner failed to submit a brief or any new evidence. The petitioner only referenced a let...
Specialty Occupation
sustained
H-1B
Accounting
The director initially denied the petition because the proffered accountant position was not deemed a specialty occupation. After an initial...
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
sustained
H-1B
Investment Relations
The appeal was sustained because the AAO concluded that the proffered position qualified as a specialty occupation. The director had denied ...
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
O-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter requesting that the appeal be withdrawn.
remanded
H-1B
Real Estate
The director's decision was withdrawn and the case was remanded. The AAO found that the director erred in denying the petition based on 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, 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
Nutritional Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'coordinator of nutritional services' 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
Marketing
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Specialty Occupation
dismissed
H-1B
Film Production
The appeal was dismissed because the petitioner failed to establish that the position of film editor qualifies 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 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
Religious Activities
The appeal was dismissed because the petitioner failed to establish that the position of Director of Religious Activities and Education 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 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
Market Research
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 Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring Degree
dismissed
H-1B
Chemistry
The appeal was dismissed because the beneficiary had already exceeded the six-year maximum period of stay allowed in H-1B status. The petiti...
Maximum Period Of Stay Ac21 Extension Eligibility Timely Filing Of Extension
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst at a nursing home 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 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
Information Technology
The appeal was dismissed because the petitioner, an employment contractor, failed to consistently establish the beneficiary's ultimate emplo...
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
sustained
H-1B
Survey Engineering
The appeal was sustained because the AAO found that the position of survey engineer qualified as a specialty occupation. The AAO reasoned 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 Beneficiary'S Qualifications To Perform The Duties Of The Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide requested evidence of available specialty occupation work to the director,...
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
Structural Engineering
The denial was affirmed because the petitioner failed to establish that the position of 'engineering technician' is a specialty occupation. ...
Specialty Occupation Normal Degree Requirement For Position Common Degree Requirement For Industry
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Specialty Occupation Definition 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
Computer Support
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Specialty Occupation Procedural Requirements For Appeal
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner, a gas station/convenience store, failed to establish that the proffered position of General...
Normal Degree Requirement For Position Industry Standard Degree Requirement 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...
Normal Degree Requirement For Position Industry Standard Degree Requirement Position'S Complexity Or Uniqueness Specialized And Complex Duties
sustained
H-1B
Accounting
The appeal was sustained because the AAO accepted the amended, more complex description of the accountant's duties. The AAO found the increa...
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
Marketing
The director's decision was withdrawn because the AAO determined the beneficiary was qualified for the position, finding her foreign degree ...
Beneficiary Qualifications Foreign Degree Equivalency Specialty Occupation Definition
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of Business Analyst 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
Dental Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Dental Management Services and Research ...
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
Systems Analyst
The appeal was dismissed because the beneficiary was not in a valid nonimmigrant status when the petition for an H-1B extension was filed. A...
H-1B Six-Year Limit Ac21 Extension Eligibility Pending Labor Certification For 365+ Days Maintenance Of Status For Extension Of Stay
dismissed
H-1B
Market Research
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 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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of office automation 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 Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the proffered position of 'service director' at a country club did not qualify as a specialty occupation. T...
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 Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of business development manager qualifies as...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the issue became moot. The beneficiary's application to adjust status to a lawful permanent resident was ap...
H-1B Extension Beyond Six-Year Limit Ac21 Section 104(C) Ac21 Section 106 Mootness
dismissed
H-1B
Ice Manufacturing
The appeal was dismissed because the petitioner failed to prove that the proffered 'bioanalyst' position at a commercial ice production comp...
Normal Minimum Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties
sustained
H-1B
Clothing Import/Export
The director denied the petition, concluding the proposed accountant role was not a specialty occupation and more closely resembled a bookke...
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
Accounting
The appeal was sustained because the AAO determined the proposed 'operations accountant' position was a specialty occupation. The director i...
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
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The pet...
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 Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Dry Cleaning Services
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation
remanded
H-1B
Unknown
The AAO is reopening the case on its own motion to enter a new decision. This action is the result of a settlement agreement following a law...
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The directo...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Law
The appeal was sustained because the director's basis for denial was incorrect. The director wrongly applied recruitment requirements for H-...
Specialty Occupation Definition Labor Condition Application (Lca) Requirements H-1B Dependent Employer Status Beneficiary'S Qualifications
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'accounting manager' position 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 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
Software/Hardware Consulting
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Specialty Occupation Failure To Identify Error On Appeal
remanded
H-1B
Software Development
The director denied the petition for failure to respond to a notice regarding the petitioner's corporate status. The AAO found this reason i...
Specialty Occupation U.S. Employer Definition Beneficiary Qualifications
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered kindergarten teacher position 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. 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
Computer Science
The director denied the petition, reasoning that 365 days had not passed between the filing of the labor certification and the petition's re...
H-1B 6-Year Limit Ac-21 Extension Beyond 6 Years Pending Labor Certification For 365+ Days Timing Of Extension Request
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner, an employment contractor, failed to establish that the proffered position was 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
Physical Therapy
The appeal was dismissed because the petitioner failed to prove the proffered position of 'physical therapy quality assurance specialist' wa...
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
remanded
H-1B
Restaurant Management
The AAO found that the restaurant manager position qualified as a specialty occupation because the nature of the petitioner's large and comp...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the position of assistant room service manager qualifies as a speci...
Normal Degree Requirement For Position Common Degree Requirement For Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proposed 'marketing and commercial manager' position qualifies ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the petitioner, a long-term care facility, failed to establish that the proffered position of 'reimbursemen...
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
Finance And Logistics
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence after filing the notice of appeal. The regula...
Specialty Occupation
sustained
H-1B
Database Administration
The director denied the petition because 365 days had not elapsed between the filing of the labor certification and the filing of the H-1B e...
H-1B Extension Beyond 6 Years Ac-21 Eligibility Timing Of 365-Day Pending Period For Labor Certification
dismissed
H-1B
Fine Arts And Furniture
The appeal was dismissed because the petitioner failed to establish that the proposed position of purchasing agent qualifies as a specialty ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Financial Analysis
The director denied the petition because a valid labor condition application was not submitted. The appeal was summarily dismissed because t...
Valid Labor Condition Application Failure To Identify Error In Appeal
dismissed
H-1B
Restaurant Management
The director denied the petition because the proposed restaurant manager position was not found to be a specialty occupation and the benefic...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Law
The appeal was dismissed because the petitioner, a law practice, failed to establish that the proposed position of 'foreign law advisor' qua...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Unknown
The appeal was rejected because it was untimely filed. The petitioner was required to file the appeal within 33 days of the decision's issua...
Timeliness Of Appeal
sustained
H-1B
Finance
The appeal was sustained because the AAO determined that the proposed position, while not exactly a management analyst, more closely resembl...
8 C.F.R. § 214.2(H)(4)(Iii)(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) 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Software Engineering
The appeal was summarily dismissed because the petitioner failed to respond to the director's request for evidence regarding the beneficiary...
Beneficiary Qualifications Response To Request For Evidence
sustained
H-1B
Software Development
The director initially denied the petition because the employment contract contained a clause requiring the beneficiary to cover H-1B fees, ...
Specialty Occupation Beneficiary Qualifications 20 C.F.R. § 655.731(C)(9) 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
Systems Analyst
The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) with the petition at the time...
Certified Labor Condition Application (Lca)
dismissed
H-1B
Software Engineering
The appeal was summarily dismissed because the petitioner failed to respond to the director's request for evidence regarding the beneficiary...
Beneficiary Qualifications Failure To Respond To Request For Evidence Summary Dismissal
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petition to extend status was filed after the beneficiary's prior H-1B status had expired. The petition...
Ac21 Extension Beyond 6-Year Limit Pending Labor Certification Maintenance Of Status Timely Filing / Extraordinary Circumstances
sustained
H-1B
Accounting
The director denied the petition by classifying the proffered position as a bookkeeping or auditing clerk, which does not require a bachelor...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Education
The director initially denied the petition on two grounds: that the position was not a specialty occupation and that no employer-employee re...
Specialty Occupation Employer-Employee Relationship Agent Filing Requirements Itinerary Of Services
dismissed
H-1B
Jewelry
The appeal was dismissed because the petitioner failed to prove that the proffered position of production manager qualifies as a specialty o...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner, a consulting company, failed to provide a required itinerary listing the specific dates and...
Specialty Occupation United States Employer Employer-Employee Relationship Itinerary For Multiple Worksites
sustained
H-1B
Fashion Design
The AAO reopened the case on its own motion after the petitioner filed a complaint in U.S. District Court. Upon reopening, the AAO withdrew ...
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
Catering Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of catering manager qualifies as a specialty...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Construction
The director initially denied the petition, finding the proffered position of contract administrator did not qualify 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
Computer Engineering
The appeal was dismissed because the petitioner failed to prove the proffered position of a computer engineer qualifies as a specialty occup...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Not Specified
The appeal was dismissed because it was untimely filed. The appeal was received 60 days after the director's decision was issued, which is w...
Timeliness Of Appeal
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of administrative assistant qualifies as a s...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Cultural Exchange
The appeal was summarily dismissed because the petitioner failed to provide a brief or identify any specific error of law or fact in the dir...
Specialty Occupation Failure To State Basis For Appeal
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of market researcher and analyst qualifies a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree
dismissed
H-1B
Marketing And Public Relations
The appeal was summarily dismissed because the petitioner's counsel filed a notice of appeal without a brief or evidence, and then failed to...
Specialty Occupation
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