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 89 of 258
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish that the proposed position of market research analyst qualifies as a spe...
Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proposed position of marketing manager qualifies as a specialty...
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
Education
The appeal was summarily dismissed because the petitioner failed to submit a brief, evidence, or any specific argument on appeal. The petiti...
Specialty Occupation
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Public Relations Assistant 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
Meteorology
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) prior to filing the H-1B peti...
Pre-Filed Certified Labor Condition Application (Lca)
dismissed
H-1B
Restaurant
The appeal was dismissed because the petitioner, a German restaurant, failed to demonstrate that the position of 'specialty chef' qualifies ...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform the duties of a specialty o...
Beneficiary Qualifications Experience Equivalent To A Degree Credentials Evaluation
dismissed
H-1B
Cleaning Services
The appeal was dismissed because the petitioner, a cleaning services business, failed to establish that the proffered position of 'project c...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement Duties Are Specialized And Complex
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation of a pro...
Beneficiary'S Qualifications Degree Equivalency Specialty Occupation Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence to support the claim that the beneficiary had spent 10...
H-1B Six-Year Limit Recapture Of Time Abroad Ac21 Extension Burden Of Proof
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of marketing analyst qualifies as a specialt...
Baccalaureate Or Higher Degree Is The Normal Minimum Requirement 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 Specific Duties Is So Specialized And Complex
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
Law
The motion to reopen or reconsider was dismissed because it was not timely filed. The AAO received the motion 155 days after its prior decis...
Specialty Occupation Timely Filing Of Motion Proper Representation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove the beneficiary was entitled to recapture 127 days spent outside the United ...
Maximum Period Of Stay (6-Year Limit) Recapture Of Time Spent Abroad Burden Of Proof
dismissed
H-1B
Finance
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the American Competi...
H-1B Six-Year Limit Ac21 Extension Eligibility Recapture Of Time Spent Abroad
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner, a beer and wine importer, failed to establish that the proffered market research analyst po...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proposed position of market research analyst qualifies as a spe...
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
Travel/Marketing
The appeal was dismissed because the petitioner, a travel agency, failed to establish that the proffered position of a marketing assistant i...
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
Agricultural Research
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the proffere...
Beneficiary Qualifications For Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(C)) Equivalency To A U.S. Bachelor'S Degree (8 C.F.R. § 214.2(H)(4)(Iii)(D)) Expired Labor Condition Application (Lca)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the programmer/information systems analyst 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
dismissed
H-1B
Real Estate Development
The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) with the initial petition as ...
Certified Labor Condition Application (Lca) Eligibility At Time Of Filing
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business development analyst' qualified ...
Degree Is Normal Minimum Requirement Degree Is Common In The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Fitness
The appeal was dismissed because the petitioner, a fitness center, failed to establish that the proffered position of 'physical educator and...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Music
The appeal was dismissed because the AAO affirmed the director's revocation of the petition. The AAO agreed with the director's finding that...
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
Software Consulting
The appeal was remanded because while the AAO found that the petitioner did qualify as a U.S. employer, the evidence was insufficient to est...
United States Employer Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of Restaurant 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 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 Beneficiary'S Qualifications To Perform Services In A Specialty Occupation
dismissed
H-1B
Automotive Services
The appeal was summarily dismissed because the petitioner failed to address one of the director's key reasons for denial: that the Labor Con...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca) Procedural Grounds For Appeal Ineffective Assistance Of Counsel
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, a consulting company, failed to establish that the beneficiary's ultimate work assignment q...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Health Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'health services specialist' qualifies as...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Software Engineering
The motion to reconsider is dismissed primarily on procedural grounds. The motion was filed 43 days after the previous decision was issued, ...
Specialty Occupation Motion Filing Deadline
dismissed
H-1B
Semiconductor Retail
The appeal was dismissed because the petitioner failed to establish that the proffered position of sales engineer qualifies as a specialty o...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'financial manager' qualified as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Unknown
The appeal was rejected because it was not filed within the required 33-day period following the director's decision. The director declined ...
Timeliness Of Appeal
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of a legal assistant qualifies as a specialt...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher For The Position Degree Requirement Is Common To The Industry For Parallel Positions The Position Is So Complex Or Unique That It Can Only Be Performed 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 Bachelor'S Degree
dismissed
H-1B
Civil Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of civil engineer technician qualifies as a ...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree Beneficiary'S Maintenance Of Status
dismissed
H-1B
International Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The AAO...
Normal Minimum Requirement For Position Industry Standard Degree Requirement Position'S Complexity And Uniqueness Specialized And Complex Duties Beneficiary'S Qualifications
remanded
H-1B
Land Surveying And Civil Engineering
The director denied the petition, finding the position was not a specialty occupation and the beneficiary lacked required licensure. The AAO...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Nature Of The Specific Duties Is So Specialized And Complex Beneficiary Qualifications (Licensure And Degree Equivalency)
dismissed
H-1B
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform the services of a specialty...
Beneficiary Qualifications Specialty Occupation Experience Equivalency To Degree
dismissed
H-1B
Translation Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of technical writer and translator qualifies ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree For Position
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner formally requested its withdrawal. The AAO did not rule on the merits of the case.
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'lead warehouse clerk' qualifies as a spe...
Normal Degree Requirement For The Position Industry Standard Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Dentistry
The appeal was dismissed because the AAO concurred with the director's finding that the beneficiary was not qualified for the proffered posi...
Specialty Occupation Definition Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner, a small bakery, failed to establish that the proffered position of president and executive ...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex As To Require A Degree
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the equivalent of a U.S. bachelor's degre...
Beneficiary Qualifications For Specialty Occupation Foreign Degree Equivalency Work Experience Equivalency (3-For-1 Rule) Recognition Of Expertise
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of Public Relations Specialist/Marketing qua...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Mobile Electronics
The appeal was dismissed because the petitioner failed to establish that the proffered position of quality control manager qualifies as a sp...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations
remanded
H-1B
Accounting
The AAO found that the proffered position of an accountant qualifies as a specialty occupation, disagreeing with the director's initial reas...
Baccalaureate Or Higher Degree Is The Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of Specific Duties Is So Specialized And Complex Beneficiary'S Qualifications For The Specialty Occupation
dismissed
H-1B
Food Service Management
The appeal was rejected because it was improperly filed by a representative not entitled to do so. The representative was a Canadian lawyer,...
Improper Filing By Unauthorized Representative Specialty Occupation
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of master baker/executive pastry chef qualif...
Normal Degree Requirement Industry Standard Or Position Complexity/Uniqueness Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Mechanical Engineering
Although the AAO agreed that the proffered position of mechanical engineer qualified as a specialty occupation, the appeal was dismissed. Th...
Baccalaureate Or Higher Degree Is Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of The Specific Duties Are So Specialized And Complex Petitioner'S Business Operations And Financial Standing
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a retail convenience store, failed to establish that the proffered Systems Analyst 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) Beneficiary'S Qualifications
dismissed
H-1B
Construction Engineering
The appeal was dismissed because the petitioner, a small general contractor, failed to prove that the proffered position of a mechanical/con...
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
E-Commerce
The appeal was dismissed because the petitioner failed to establish that the proffered position of e-commerce research 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
remanded
H-1B
Information Technology
The director denied the petition based on the beneficiary's inadmissibility under economic sanctions against Iran. The AAO found no evidence...
Admissibility Under Economic Sanctions
dismissed
H-1B
Food Service Management
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or fact...
Specialty Occupation Procedural Grounds For Summary Dismissal
remanded
H-1B
Computer Science
The AAO withdrew the director's initial denial, which was based on the employer-employee relationship and a lack of an itinerary of services...
Employer-Employee Relationship Itinerary Of Services Normal Degree Requirement For Position Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing administrator' position qualifies as a spe...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties 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 beneficiary possessed the equivalent of a U.S. bachelor's degre...
Beneficiary Qualifications Education Equivalency Experience Equivalency
dismissed
H-1B
Advertising
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive producer qualifies as a special...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Fundraising
The appeal was dismissed because the petitioner failed to establish that the proffered position of development director 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
Construction Engineering
The appeal was dismissed because the petitioner failed to establish that the proposed position of technical writer/translator qualifies as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the proposed position of lodging manager qualifies as a specialty o...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Complexity Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Translation Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of chief translator qualifies as a specialty ...
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Industry Standard Or Complex/Unique Position 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) - Employer'S Normal Requirement 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
dismissed
H-1B
Unknown
The petitioner's counsel sent a facsimile message to the AAO requesting that the appeal be withdrawn. The AAO dismissed the appeal based on ...
dismissed
H-1B
Transportation And Cargo
The appeal was dismissed because the petitioner failed to establish that the proposed position of cargo and freight agent qualifies as a spe...
Normal Degree Requirement For Position Industry Standard Or Unique/Complex Duties Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of systems analyst/network administrator 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 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
Information Technology
The director initially denied the petition for failure to demonstrate a valid employer-employee relationship or a bona fide position for the...
Employer-Employee Relationship Bona Fide Position Contractual Agreements Response To Request For Evidence Summary Dismissal
remanded
H-1B
Interior Design
The director denied the petition, finding that the proffered interior designer position did not qualify as a specialty occupation. The AAO 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 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/auditor position qualified as a specialty ...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Degree Is Normal Minimum Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Degree Is Common To The Industry / Position Is Complex Or Unique
dismissed
H-1B
Diamond Wholesale
The appeal was dismissed because the petitioner, a diamond wholesale company, failed to establish that the proffered position of strategic m...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry In Parallel Positions 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
remanded
H-1B
Architecture
The director's decision was withdrawn because the AAO found that a valid employer-employee relationship can exist even when the beneficiary ...
Employer-Employee Relationship Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Dental Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of dental lab technologist qualifies as a sp...
Normal Minimum 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 That They Require A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to submit requested evidence (contracts demonstrating an employer-employee relationsh...
Employer-Employee Relationship Specialty Occupation Submission Of Requested Evidence Failure To Identify Error On Appeal
sustained
H-1B
Market Research
The director initially denied the petition, concluding the proposed market research analyst position did not qualify as a specialty occupati...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of network systems analyst qualifies as a ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Position Complexity/Uniqueness
dismissed
H-1B
Facility Management
The appeal was dismissed because the proffered position of Preventive Maintenance Coordinator was not found to qualify as a specialty occupa...
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
Hotel Management
The appeal was dismissed because the petitioner failed to prove that the 'hotel manager' position qualifies as a specialty occupation. The A...
Normal Degree Requirement For Position Common Degree Requirement For Industry
dismissed
H-1B
Transportation
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of sea freight manager qualifies as a spec...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small residential care home, failed to establish that the proffered accountant position q...
Specialty Occupation Definition Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Position Is Complex Or Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Quality Control
The appeal was dismissed because the petitioner failed to establish that the proffered position of Quality Assessment Coordinator qualifies ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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
Computer Science
The appeal was dismissed because the petitioner, a jewelry manufacturer, failed to establish that the proposed position of Computer Applicat...
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 director denied the petition on two grounds: that the social worker position was not a specialty occupation and that the beneficiary was...
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) State Licensing Requirements
sustained
H-1B
Broadcast Journalism
The director denied the H-1B extension, concluding that 365 days had not passed between the filing of the labor certification and the filing...
Ac-21 H-1B Extension Pending Labor Certification Six-Year Limitation
sustained
H-1B
Computer Programming
The director denied the petition, finding the computer programmer position did not qualify as a specialty occupation. The AAO sustained the ...
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
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations analyst (logistics) qualifies ...
Normal Degree Requirement Industry Standard Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Pharmaceuticals
The director denied the petition, claiming the proffered position of 'product sourcing manager' 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
sustained
H-1B
Information Technology
The director denied the petition, finding that 365 days had not elapsed between the filing of the labor certification and the filing of the ...
H-1B Six-Year Limit Ac-21 Extension Beyond Six Years 365-Day Rule For Pending Labor Certification
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the proposed accountant position qualifies as a specialty occupat...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a specialty food store, failed to establish that the proposed accountant position qualifies...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Interior Design
The appeal was sustained because the AAO determined that the proffered position of interior designer qualifies as a specialty occupation. Ci...
Normal Degree Requirement For Position Beneficiary'S Qualifications State Licensing Requirements
dismissed
H-1B
Satellite Equipment Wholesale
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualified as a sp...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Travel And Tourism
The director initially denied the petition, finding that the proffered contract administrator position was not a specialty occupation and th...
Normal Minimum Degree Requirement Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the specialt...
Beneficiary'S Qualifications Foreign Degree Equivalency Experience Equivalent To A Degree
dismissed
H-1B
Auto Parts Trading
The appeal was dismissed because the petitioner failed to establish that the proffered position of a purchasing/inside sales agent qualifies...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
remanded
H-1B
Network Storage Products
The director's decision was withdrawn because the AAO found that the evidence established this particular marketing manager position is a sp...
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 Nature Of The Specific Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Restaurant
The appeal was dismissed because the petitioner, a small restaurant and catering business, failed to establish that the proffered position 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
Tennis
The appeal was dismissed because the petitioner failed to establish that the proffered position of tennis coach qualifies as a specialty occ...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That Knowledge Is Usually Associated With A Degree
dismissed
H-1B
Industrial Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'Industrial Engineer' position qualified as a special...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies as a specialty o...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Wireless Technology
The appeal was dismissed because the petitioner failed to establish that the proposed position of electronics technician qualifies as a spec...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are 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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