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 92 of 258
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 The Position Degree Requirement Common To Industry Position Is Complex Or Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Unknown
The appeal was rejected because the Administrative Appeals Office (AAO) lacks jurisdiction over the subject matter. The director's denial of...
Jurisdiction Extension Of Stay Ineffective Assistance Of Counsel
dismissed
H-1B
Automotive Services
The appeal was dismissed because the petitioner, an automobile oil change and tune-up service, failed to demonstrate that the proffered posi...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That It Requires A Degree
sustained
H-1B
Accounting
The director denied the petition, finding the accountant position was not a specialty occupation because the petitioner's business was not c...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Nature Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualifies as a sp...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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 obtain a certified Labor Condition Application (LCA) prior to filing the Form I-12...
Certified Labor Condition Application (Lca) Filing Requirement
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified for the proffered specialty occupation...
Beneficiary Qualifications Specialty Occupation Definition Education Equivalency Work Experience Equivalency
remanded
H-1B
Accounting
The AAO reopened the proceeding on its own motion after a prior dismissal and a federal court complaint. The case was remanded for more evid...
Specialty Occupation Bachelor'S Degree Requirement
dismissed
H-1B
Agricultural Research
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Specialty Occupation Failure To Identify Error Of Law Or Fact
dismissed
H-1B
Home Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Complexity Of Specific Duties Beneficiary'S Qualifications
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proposed position of operations-general manager qualifies as a ...
Position Normally Requires A Bachelor'S Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to establish that the position of Vice President of Operations qualifies as a special...
Normal Minimum Degree Requirement For The Position Degree Requirement 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
Public Relations
The appeal was dismissed because the petitioner, a jewelry wholesaler, failed to establish that the proffered position of Public Relations 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 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
remanded
H-1B
Structural Engineering
The AAO reopened the case on its own motion, following a lawsuit filed by the petitioner, to reconsider a prior dismissal. This decision is ...
Specialty Occupation Determination Prior Approval Deference Consistency Of Position Characterization Complexity Of Job Duties Employer'S Hiring Practices
dismissed
H-1B
Medical Research
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'research and development analyst' qual...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to submit a complete employment itinerary covering the entire period of employment, a...
Employer-Employee Relationship Itinerary For Multiple Work Locations Specialty Occupation
dismissed
H-1B
Structural Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered "Junior Engineer" position qualified as a specialty o...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered 'finance specialist' 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, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a medical clinic, failed to establish that the proffered position of accountant qualified 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
sustained
H-1B
Special Education
The director denied the petition, arguing the position was not a specialty occupation because the petitioner was not a school. The AAO susta...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accounts receivable accounting specialis...
Normal Minimum Degree Requirement Degree Requirement Is Common To The Industry Complexity Or Uniqueness Of The Position'S Duties Employer'S Normal Hiring Requirement For The Position
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualified as a specialty occupati...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Dentistry
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The AAO...
Specialty Occupation Licensure
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that specialty occupation work was available for the beneficiary for t...
United States Employer Specialty Occupation Definition Itinerary For Multiple Work Locations
dismissed
H-1B
Speech Pathology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the position at the time of filin...
Beneficiary Qualifications State Licensure Requirement Temporary Licensure Social Security Number Exception
dismissed
H-1B
Software Consultancy
Although the AAO withdrew the director's finding that the petitioner did not qualify as a U.S. employer, the appeal was ultimately dismissed...
U.S. Employer Definition Specialty Occupation Criteria
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, a consulting firm, failed to provide sufficient evidence of the work the beneficiary would ...
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
Unknown
The appeal was dismissed because it was filed untimely. The appeal was received 58 days after the director's decision was issued, which is w...
Timely Filing Of Appeal
dismissed
H-1B
Physical Therapy
The appeal was dismissed because the petitioner, a staffing company, failed to provide sufficient evidence that the end-client's position qu...
Specialty Occupation Definition Employer-Employee Relationship Requirements For Staffing Companies
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to submit requested evidence regarding the beneficiary's foreign education credential...
Beneficiary Qualifications Itinerary For Multiple Worksites Specialty Occupation Client Contracts
dismissed
H-1B
Computer Science
The appeal was dismissed because the beneficiary was ineligible for an H-1B extension beyond the six-year limit under AC21. The petitioner f...
Ac21 Extension Eligibility 365-Day Rule For Labor Certification Maintenance Of Status Timely Filing Of Extension Petition
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner, through counsel, submitted a letter requesting that the appeal be withdrawn. The AAO dismis...
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed itinerary with specific dates and locations of emp...
U.S. Employer Definition Specialty Occupation Definition Itinerary For Multiple Work Locations
dismissed
H-1B
Structural Steel Fabrication
The appeal was dismissed because the petitioner failed to establish that the proffered position of a senior structural steel detailer 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 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 position of 'budget accountant' 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 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
Software Development
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the director's decision. T...
Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Home Care
The appeal was dismissed because the petitioner, a home care facility with 21 employees, failed to establish that the proffered position of ...
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, 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
Clinical Research
The appeal was dismissed because the AAO agreed with the director's finding that the beneficiary was not qualified for the specialty occupat...
Beneficiary Qualifications State Licensure Specialty Occupation Foreign Healthcare Worker Certification
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an IT consulting company, failed to provide contracts or work orders from its clients. With...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of Marketing Manager qualifies as a specialt...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the ...
Specialty Occupation Beneficiary Qualifications Educational Equivalency Evaluation Failure To State Grounds For Appeal
dismissed
H-1B
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner's counsel submitted a letter to the AAO requesting that t...
Withdrawal Of Appeal
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to prove it was a viable, ongoing business entity at the time the petition was filed....
United States Employer Definition Viable Entity Employer-Employee Relationship Existence Of A Specialty Occupation Inconsistent Evidence
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered 'controller' position qualified as a specialty occupa...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Complexity Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Architecture
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required qualifications for a special...
Beneficiary Qualifications Education Equivalency Experience Equivalency Credentials Evaluation
remanded
H-1B
Systems Analysis
The director denied the petition by mischaracterizing the proffered 'systems analyst' role as a 'management analyst' position and finding it...
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 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 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 untimely filed. The record shows the appeal was received 48 days after the director's decision was is...
Timeliness Of Appeal
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the proposed position. Although the positi...
Specialty Occupation Beneficiary'S Qualifications Licensure Requirement
dismissed
H-1B
Clinical Laboratory
The appeal was dismissed because the petitioner, a clinical laboratory, failed to establish that the proffered position of market research 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
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 Degree Requirement Common To Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Steel Fabrication
The appeal was dismissed because the petitioner, a steel fabrication company, failed to establish that the proffered position of a drafter q...
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)(4)
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of Medical Translator qualifies as a special...
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
Information Technology
The appeal was sustained because the director improperly introduced a ground for revocation (lack of employer/employee relationship) that wa...
Compliance With Labor Condition Application (Lca) Terms Payment Of Proffered Wage Existence Of An Employer-Employee Relationship Grounds For Revocation Under 8 C.F.R. § 214.2(H)(11)(Iii)(A)
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the position. While the position ...
Specialty Occupation Beneficiary Qualifications Licensure
dismissed
H-1B
Occupational Therapy
The appeal was dismissed because the petitioner, a medical staffing company, failed to provide sufficient evidence that a specialty occupati...
Specialty Occupation Requirements End-Client Contracts And Job Duties Valid Labor Condition Application (Lca) Beneficiary'S Qualifications
dismissed
H-1B
Rug Repair
The appeal was dismissed because the petitioner failed to establish that the proffered position of an Oriental rug repairer qualifies as a s...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree Beneficiary'S Qualifications
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of Hotel Manager qualifies as a specialty oc...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Avionics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'technical specialist, aircraft systems' ...
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
Aircraft Maintenance
The appeal was dismissed because the petitioner failed to establish that the proffered position of aircraft maintenance supervisor qualifies...
Normal Degree Requirement For Position Common Degree Requirement For Industry Employer Normally Requires A Degree Specialized And Complex Duties Require A Degree
dismissed
H-1B
Physical Therapy
The appeal was dismissed because the beneficiary was not qualified for the specialty occupation of a physical therapist at the time of filin...
Licensure Requirement Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting company, failed to establish that it had sufficient specialty occupation w...
Baccalaureate Or Higher Degree Is Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of Specific Duties Is Specialized And Complex
dismissed
H-1B
Health Care
The director revoked a previously approved H-1B petition after finding evidence that the beneficiary was not employed in the capacity specif...
8 C.F.R. § 214.2(H)(11)(Iii)(A) Beneficiary Not Employed In The Capacity Specified In The Petition Violation Of Terms And Conditions Of The Approved Petition
dismissed
H-1B
Accounting
The appeal was dismissed because the proposed accountant position was not found to be a specialty occupation. The petitioner's own position ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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
Trade Show Organization
The appeal was dismissed because the petitioner failed to establish that the proffered position of Market Research Analyst qualified as a sp...
Definition Of Specialty Occupation Under Ina Section 214(I)(L) 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
Unknown
The appeal was rejected because it was filed untimely. The appeal was received on March 29, 2004, which was 40 days after the director's Feb...
Timely Filing Of Appeal
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner, a small lighting manufacturer, failed to establish that the proffered Human Resources Manag...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer Normally Requires Degree Duties' Complexity Requires Degree
dismissed
H-1B
Systems Analysis
The appeal was dismissed because the petitioner, a small mortgage company with only two employees, failed to establish a bona fide need for ...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Apparel Wholesale
The appeal was dismissed because the petitioner failed to establish that the proposed 'business development specialist' position 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 The Employer'S 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 appeal was sustained because the director incorrectly determined the proffered position was not a specialty occupation. The AAO found th...
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)(4)
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to prove that the proposed position of 'business development officer' 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
Computer Science
The appeal was dismissed because the petitioner, a computer consulting firm, failed to establish that it qualified as an employer or an agen...
Employer-Employee Relationship Specialty Occupation Availability Of Work Valid Itinerary For Services
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the proposed position of 'medical records administrator' did not qualify as a specialty occupation. The AAO...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Nature Of The Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a request to withdraw it. The decision notes that the case was previously appealed...
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner, a restaurant, failed to establish that the proffered position of a market research analyst ...
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 proposed position of technical recruiter qualifies as a special...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Health Care
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'practice nurse in gerontology' qualifi...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Bookselling
The appeal was dismissed because the petitioner failed to establish that the proposed position of purchasing agent for a remainder bookselle...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proposed market research analyst position qualifies as a specia...
8 Cfr 214.2(H)(4)(Iii)(A)(1) 8 Cfr 214.2(H)(4)(Iii)(A)(2) 8 Cfr 214.2(H)(4)(Iii)(A)(3) 8 Cfr 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered cost accountant position qualifies as a specialty occ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered registered nurse position qualifies as a specialty oc...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry For Parallel Positions The 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 Or Higher Degree
dismissed
H-1B
Business
The appeal was dismissed because the petitioner, a home garden furniture importer, failed to establish that the proffered position of 'marke...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
sustained
H-1B
Accounting
The director initially denied the petition, concluding the proffered accountant position was akin to an accounting clerk. On appeal, 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 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
Travel Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of a manager and coordinator at a travel agen...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Publishing
The appeal was dismissed because the petitioner failed to establish that the proposed position of technical writer qualified as a specialty ...
Normal Degree Requirement For Position Degree Requirement Common To Industry
sustained
H-1B
Computer Science
The director initially denied the petition, finding that the petitioner failed to establish the proposed computer programmer position qualif...
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 Requiring A Degree
dismissed
H-1B
Healthcare Products
The appeal was dismissed because the petitioner failed to establish that the proposed position of bilingual specialist/translator qualifies ...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
sustained
H-1B
Medical Technology
The director denied the petition because the beneficiary lacked the required state license for Virginia and certification from an approved c...
Specialty Occupation Beneficiary Qualifications State Licensure Credentialing For Foreign Health-Care Workers
remanded
H-1B
Dental Technology
The director's decision was withdrawn and the case remanded. The AAO found that the director erred in classifying the proffered role of 'den...
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 Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of software engineer 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, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The director denied the petition, finding that the petitioner's business was not complex enough to require the services of a professional ac...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique
sustained
H-1B
Computer Science
The director denied the petition, finding the applications programmer role was not a specialty occupation. The AAO agreed that the petitione...
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 Nature Of Specific Duties Is Specialized And Complex Beneficiary'S Qualifications
dismissed
H-1B
Courier Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of general and operations manager at a couri...
Normal Minimum Degree Requirement Degree Common To Industry Or Unique/Complex Position Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
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...
Specialty Occupation Baccalaureate Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Position'S Complexity Or Uniqueness Requires A Degree Employer Normally Requires A Degree Nature Of The Specific Duties Is So Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a motel, failed to demonstrate that the proffered accountant position qualifies as a specia...
Bachelor'S Degree Or Equivalent Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Information Systems
The appeal was dismissed because the petitioner failed to establish that the proffered position of a Computer Information System (CIS) speci...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
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 Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Position'S Complexity Or Uniqueness
remanded
H-1B
Beauty Services
The director denied the petition, finding that the petitioner, a chain of nail salons, did not require a full-time financial analyst. The AA...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex To Require A Degree
sustained
H-1B
Culinary Arts
The appeal was sustained because the AAO found that the petitioner, a highly-awarded gourmet restaurant, successfully established that the 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 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
High Tech Equipment Distribution
The director denied the petition after concluding that the proffered position did not qualify as a specialty occupation, arguing the petitio...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Physical Therapy
The appeal was summarily dismissed because the petitioner failed to respond to the director's notice of intent to revoke. On appeal, counsel...
Licensing For Specialty Occupation Employer-Employee Relationship Procedural Failure To Respond
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