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 91 of 258
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered position of registered nurse 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
sustained
H-1B
Law
The director denied the petition, concluding the 'foreign legal specialist' position was not a specialty occupation and was similar to a par...
Normal Degree Requirement For Position Degree Requirement Common To Industry For Parallel Positions
sustained
H-1B
Accounting
The appeal was sustained because the AAO found that the proffered accountant position qualified as a specialty occupation. The AAO determine...
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) Beneficiary Qualifications
sustained
H-1B
Management Analysis
The director denied the petition, arguing the petitioner failed to establish the proffered management analyst position required a degree-lev...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO found that the proffered position of software engineer qualified as a specialty occupation. Contrar...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial analyst 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 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
Information Technology
The appeal was dismissed because the petitioner, a small retail and wireless store, failed to establish that the proffered 'Programmer 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 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 The Services Of A Specialty Occupation
dismissed
H-1B
Multimedia Advertising
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst 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 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
sustained
H-1B
Graphic Design
The director denied the petition, stating the proffered graphic designer position did not qualify as a specialty occupation. The AAO sustain...
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)(2)
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner, a computer consulting firm, failed to establish that the proffered position of programmer 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
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
remanded
H-1B
Adult Day Care
The AAO found that the Program Director position at an adult day care center qualifies as a specialty occupation, contrary to the director's...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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
Chiropractic Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of a chiropractor assistant qualifies as a s...
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 Knowledge Associated With A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a pharmacy, failed to establish that the proffered management accountant position qualifies...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of motel manager qualifies as a specialty oc...
Bachelor'S Degree Requirement Specialized And Complex Duties Industry Standard Employer'S Hiring Practices
dismissed
H-1B
Mechanical Engineering
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year maximum period. The petitioner f...
H-1B Six-Year Limit Ac21 Extension Eligibility
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a computer consulting firm, failed to establish that the proffered position of programmer 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
Systems Analysis
The appeal was dismissed because the petitioner failed to rebut the consular officer's serious concerns about the beneficiary's qualificatio...
Beneficiary'S Qualifications Veracity Of Experience Letters
remanded
H-1B
Social Services
The director denied the petition because the evidence did not establish that the petitioner qualified as a U.S. employer and questioned the ...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to meet its burden of proof. Although the AAO agreed that time spent outside the U.S....
Maximum Period Of Stay Recapture Of Time Spent Abroad
dismissed
H-1B
Nursing Services
The appeal was dismissed because the petitioner failed to prove the proposed position of 'associate director for nursing services' qualifies...
Normal Minimum Requirement Is A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require Knowledge Associated With A Degree
sustained
H-1B
Computer Science
The director denied the petition because the beneficiary was deemed unqualified, questioning the evidence that his education and work experi...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the position of executive chef qualifies as a specialty occupation....
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner, a donut shop, failed to demonstrate that the proposed position of food services manager qua...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position'S Complexity Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner failed to establish that the position of university textbook manager qualifies as a specialt...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or 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
Dance
The appeal was dismissed because the petitioner, a dance studio, failed to establish that the position of dance instructor/specialist qualif...
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement Is A Bachelor'S Degree 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Degree Requirement Is Common To The Industry 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree For The Position 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Duties Are So Specialized And Complex
dismissed
H-1B
Retail Business Management
The appeal was dismissed because the petitioner, a small convenience store, failed to establish that the proffered 'business manager' positi...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Accounting
The director's denial was withdrawn because the AAO found the proposed accountant position does qualify as a specialty occupation. However, ...
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
Travel Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'travel operations management analyst' qua...
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 Specialized And Complex Requiring A Degree
sustained
H-1B
Software Engineering
The appeal was sustained because the petitioner successfully established it would be the beneficiary's direct employer, not an agent, and th...
Employer-Employee Relationship Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Childcare
The appeal was dismissed because the petitioner, a childcare center, failed to establish that the position of 'senior team teacher' qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Agronomy
The appeal was dismissed because the AAO determined that the proposed position of 'agronomist' was not a specialty occupation. The AAO found...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Asset Recovery
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'title examiner and analyst' qualifies as ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Industry Standard Or Complexity Of Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer'S Normal Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
sustained
H-1B
Sports Management
The director initially denied the petition, finding that the proffered position of management analyst at a ski and snowboard club did not qu...
Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree
dismissed
H-1B
International Trade
The appeal was dismissed because the petitioner failed to establish that the proposed position of Assistant Director of International Trade ...
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
Healthcare Administration
The appeal was dismissed because the petitioner failed to address one of the two grounds for denial. Although the AAO found that the propose...
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)
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualifies as a special...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The 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
Dentistry
The director initially denied the petition, concluding the position was a combination of a dental assistant and office manager, neither of 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 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
Mechanical Engineering
The appeal was sustained because the AAO found that the proffered position of mechanical engineer qualified as a specialty occupation. The d...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Agriculture
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the specialty occupation of farm manager. ...
Beneficiary Qualifications Degree Equivalency Based On Experience 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems analyst' 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 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
Teaching
The appeal was dismissed because the petitioner failed to prove the proffered position was a specialty occupation at the time of filing. The...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services
sustained
H-1B
Drug Development
The director initially denied the petition, concluding that 365 days had not elapsed between the filing of the labor certification and the r...
H-1B Six-Year Limit Ac-21 Extension Beyond Six Years
dismissed
H-1B
Broadcast Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of broadcast engineering technician qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Legal Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of a paralegal (contracts analyst) qualifies...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Music
The appeal was dismissed because the petitioner, a church, failed to establish that the proffered position of 'minister of music' qualifies ...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Duties' Complexity Implies Degree
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the proposed project manager 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.
sustained
H-1B
Engineering
The director initially denied the petition, concluding the petitioner, a consulting firm, failed to establish that the beneficiary would per...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish a clear employer-employee relationship. Conflicting evidence regarding t...
Specialty Occupation Employer-Employee Relationship Lca Compliance
sustained
H-1B
Hospitality Management
The director denied the petition because the beneficiary had reached the maximum six-year period of stay in H-1B status. The AAO sustained t...
Six-Year Maximum Period Of Stay Ac21 Extension Beyond Six Years
sustained
H-1B
Marketing
The director denied the petition, concluding the proffered position was a sales representative and not a specialty occupation. The petitione...
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
Marketing
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Marketing Manager qualifies as a specia...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial analyst qualified as a specialt...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting company, failed to provide sufficient evidence describing the specific dut...
Baccalaureate Or Higher Degree As Normal Minimum Requirement Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex Compliance With Labor Condition Application (Lca) Terms
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the proffered position of Safety Officer qualifies as a specialty o...
Normal Minimum Of A Bachelor'S Degree Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Unknown
The appeal was rejected because it was filed by an immigration service provider who was not a licensed attorney or an accredited representat...
Improper Filing By Unauthorized Representative
dismissed
H-1B
Physical Therapy
The appeal was dismissed because the beneficiary, seeking to work as a physical therapist in California, did not hold the required state lic...
Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Cleaning Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of operation management analyst qualifies as...
Normal Minimum Degree Requirement For Position Degree Common To Industry / Position Complexity Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a software consulting and development company, failed to establish that the proffered progr...
Specialty Occupation Employer-Employee Relationship Baccalaureate Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
remanded
H-1B
Computer Science
The director's decision was withdrawn and the case was remanded. Although the petitioner successfully argued that the job title discrepancy ...
Lca Job Title Consistency Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Physical Therapy
The appeal was dismissed because the beneficiary was not qualified to perform the duties of a specialty occupation. The proffered position o...
Beneficiary Qualifications State Licensure Foreign Degree Equivalency
sustained
H-1B
Physical Therapy
The director's denial was based on alleged wage violations, document alteration, and misrepresentation of the petitioner as a staffing agenc...
Specialty Occupation Definition (8 C.F.R. 214.2(H)(4)(Iii)(A)) Wage Requirement Violations (Ina 212(N)) Document Alteration (Ina 274C(A)) Petitioner'S Business Type (Staffing Agency Vs. Healthcare Provider)
sustained
H-1B
Fashion Design
The director denied the petition, concluding the proffered position of fashion designer was not a specialty occupation. The AAO sustained th...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The director denied the petition for failing to establish that the proffered position of programmer analyst qualifies as a specialty occupat...
Specialty Occupation Definition Baccalaureate Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
sustained
H-1B
Software Consulting
The appeal was sustained because the AAO found sufficient evidence of an employer-employee relationship, noting the petitioner would pay the...
Employer-Employee Relationship Agent Vs. Employer Specialty Occupation Specialized And Complex Duties
sustained
H-1B
Special Effects
The director denied the H-1B extension because the beneficiary's associated Form I-140 immigrant petition had been denied. The appeal was su...
Ac-21 Extension Beyond Six-Year Limit Pending Labor Certification For Over 365 Days Pending Form I-140 Petition
sustained
H-1B
Computer Consulting
The director denied the H-1B extension, believing the beneficiary was ineligible for an exemption to the six-year limit because their relate...
H-1B 6-Year Limit Ac21 Extension Beyond 6 Years Pending I-140 Petition Maintaining Lawful Nonimmigrant Status
dismissed
H-1B
Management Analysis
The director denied the petition, finding that the proffered management analyst position did not require a degree in a specific specialty. T...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Business Systems Analysis
The director denied the petition, finding the beneficiary ineligible for a seventh-year H-1B extension under AC-21 because the petition was ...
H-1B Six-Year Limit Ac-21 Extension Maintenance Of Status
dismissed
H-1B
Industrial Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of industrial engineer qualified as a specia...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer Normally Requires Degree Specialized And Complex Duties
sustained
H-1B
Industrial Engineering
The director denied the petition, finding the proposed 'operations and systems analyst' position was not a specialty occupation but rather 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)
sustained
H-1B
Health Care
The director denied the petition, finding the 'rehabilitation coordinator' position did not qualify as a specialty occupation. The AAO susta...
Normal Degree Requirement For Position Degree Requirement Common To Industry Position Is Complex Or Unique Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualified as a specialty occupati...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Construction Management
The director initially denied the petition, concluding that the proposed position of construction/special projects manager for a restaurant ...
8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Degree Requirement Is Common To The Industry 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Nature Of Duties Is So Specialized And Complex
remanded
H-1B
Electronics Engineering
The director denied the petition due to a discrepancy between the proffered salary and the actual wages paid, alleging misrepresentation. Th...
Prevailing Wage Lca Compliance Specialty Occupation
remanded
H-1B
Automotive Sales
The director denied the petition, concluding that the proffered 'sales manager' position did not qualify as a specialty occupation. The AAO ...
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
Computer Software
The director denied the petition because the beneficiary's labor certification had not been pending for 365 days at the time the H-1B extens...
H-1B Six-Year Limit Ac21 Extension Labor Certification Pending Period
dismissed
H-1B
Wholesale Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position of Market Research Analyst qualifies as a sp...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a software consulting company, failed to prove that an H-1B level position actually existed...
Specialty Occupation U.S. Employer Definition Itinerary For Services
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to provide a required itinerary detailing the dates and locations of the beneficiary'...
Specialty Occupation Employer-Employee Relationship Itinerary For Multiple Worksites Submission Of Specific Job Duties Eligibility At Time Of Filing Certified Labor Condition Application (Lca)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided conflicting information regarding the beneficiary's work location. The petitioner c...
Specialty Occupation Employer-Employee Relationship Itinerary For Multiple Work Locations
remanded
H-1B
Computer Software
The director denied the petition, concluding the beneficiary was ineligible for a seventh-year H-1B extension under AC-21 because 365 days h...
Ac-21 7Th Year Extension Specialty Occupation
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish that a specialty occupation position actually existed at the time of fil...
Specialty Occupation Definition Existence Of A Position Itinerary For Multiple Worksites Employer-Employee Relationship
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner, a real estate company, failed to establish that the proffered position of 'web developer' q...
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
Medicine
The appeal was dismissed because the beneficiary had reached the maximum six-year period of stay in H-1B status. The petitioner failed to es...
H-1B Maximum Period Of Stay (6 Years) Ac-21 Extension Eligibility 365-Day Pending Labor Certification Requirement
dismissed
H-1B
Law
The appeal was dismissed because the petitioner, a law firm, failed to establish that the proffered position of 'contract administrator' qua...
Specialty Occupation Definition Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Complexity Of Duties Requiring A Degree Grounds For Revocation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a consulting company, failed to provide a complete employment itinerary for the entire requ...
U.S. Employer Definition Specialty Occupation Definition Itinerary For Multiple Work Locations End-Client Job Requirements For Consulting Companies
remanded
H-1B
Marketing
The AAO found that the petitioner successfully established the marketing director position as a specialty occupation, disagreeing with the d...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Degree Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to prove that the proposed position qualified as a specialty occupation. The AAO foun...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or 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
Internet Technology Consulting
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary with specific dates and lo...
U.S. Employer Definition Specialty Occupation Definition Itinerary Requirement
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the petitioner failed to establish that the position of an administrator at a residential care facility for...
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
Occupational Therapy
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the specialty occupation position. Specifi...
Beneficiary Qualifications Licensure Requirement
remanded
H-1B
Software Development
The director's denial, based on the beneficiary's qualifications, was withdrawn as the AAO found the beneficiary's master's degree was suffi...
8 C.F.R. § 214.2(H)(4)(Iii)(C) - Beneficiary Qualifications 8 C.F.R. § 214.2(H)(4)(Iii)(A) - Specialty Occupation Position Requirements
dismissed
H-1B
Music
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the H-1B petiti...
Timely Filing Of Certified Labor Condition Application (Lca)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a staffing company, failed to provide a complete itinerary or client contracts to establish...
Specialty Occupation Definition Itinerary Requirement For Multiple Work Locations Normal Degree Requirement For The Position Industry Standard For Degree Requirement Employer'S Normal Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Software Development
The motion to reopen was dismissed because the petitioner failed to submit new facts that were previously unavailable, as required. The evid...
Specialty Occupation Motion To Reopen Motion To Reconsider
sustained
H-1B
Oil And Gas
The director denied the petition, finding the beneficiary had reached the six-year maximum period of admission for an H-1B nonimmigrant. The...
Maximum Period Of Stay Recapture Of Time Abroad Evidentiary Standard
dismissed
H-1B
Business Management
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not submit a supporti...
Specialty Occupation Failure To Identify Error Of Law Or Fact On Appeal
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner, a software consulting firm, failed to provide a valid itinerary or contracts detailing the ...
Specialty Occupation U.S. Employer Definition Itinerary For Multiple Work Locations Lca Validity Employment Contractor Token Employer (Defensor V. Meissner)
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'director of business development' qualif...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position; The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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.
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