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 93 of 258
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a software development firm acting as an employment contractor, failed to prove the proffer...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Degree Requirement Or Complexity Of Position Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Employer-Employee Relationship Itinerary And Contracts For Off-Site Employment
dismissed
H-1B
Physical Therapy
The initial petition was denied because the petitioner failed to establish that the beneficiary was qualified, specifically lacking a state ...
Beneficiary Qualifications State Licensure Healthcare Worker Certification Summary Dismissal Procedure
dismissed
H-1B
Fashion Design
The appeal was dismissed because the petitioner failed to establish that the position of fashion designer qualifies as a specialty occupatio...
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
Medical Laboratory Science
The appeal was dismissed due to unresolved inconsistencies in the record. The petitioner's description of the quality assurance specialist's...
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
Operations Research
The appeal was rejected as improperly filed. The Administrative Appeals Office (AAO) found that the attorney's entry of appearance form (G-2...
Beneficiary'S Standing To Appeal Proper Filing Of Appeal
remanded
H-1B
Health Services
The director initially denied the petition because the beneficiary was not qualified. The AAO disagreed, finding the beneficiary's foreign n...
Beneficiary Qualifications Specialty Occupation Definition
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting company, failed to establish that the proffered programmer/analyst positio...
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
Psychology
The appeal was dismissed on procedural grounds without a review of the merits. The AAO determined that the appeal was improperly filed by th...
Standing To Appeal
dismissed
H-1B
Elderly Care
The appeal was dismissed because the petitioner failed to respond to the director's request for additional evidence. As a result, the petiti...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualified as a specialty occupati...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner failed to establish that the proffered position of food service director 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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation under an...
Employer-Employee Relationship Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of The Specific Duties Is Specialized And Complex
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of a programmer analyst qualifies as a speci...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Jewelry Manufacturing
The appeal was dismissed because the petitioner failed to prove the proffered position of 'product and business development manager' 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
Nursing
The appeal was dismissed primarily on procedural grounds. The petitioner's initial appeal was filed untimely, and when treated as a motion t...
Specialty Occupation Timely Filing Of Appeal Motion To Reopen Motion To Reconsider
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time accountant 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 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
Cleaning Service
The director initially denied the petition because the proffered position of sales manager for a cleaning service was not found to be a spec...
Specialty Occupation Failure To State Grounds For Appeal
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'information technology specialist' qua...
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 They Require A Degree
dismissed
H-1B
Education
The appeal was rejected because it was filed by an individual who was not an attorney or an accredited representative as defined by regulati...
Standing To Appeal Authorized Representative
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner, a nursing staff provider, failed to establish that the proffered position of a supervisory ...
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
Finance
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation
dismissed
H-1B
Desktop Publishing
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary is qualified to perform the services of a special...
Beneficiary Qualifications Degree Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the equivalent of a U.S. bachelor's degre...
Beneficiary'S Qualifications Specialty Occupation Requirements For The Position
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of European client support specialist 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 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
Software Engineering
The director denied the petition to extend H-1B status beyond the six-year limit, finding that the beneficiary's labor certification had not...
H-1B Six-Year Limit Ac21 Extension 365-Day Pending Labor Certification
dismissed
H-1B
Computer Programming
The appeal was dismissed because the beneficiary was found unqualified to perform the duties of a specialty occupation. The beneficiary's fo...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Relevance Of Degree To The Specialty Occupation Work Experience Equivalency
dismissed
H-1B
Law
The director initially denied the petition because the beneficiary was not licensed to practice law in Florida. The AAO affirmed that the po...
Specialty Occupation Definition Beneficiary Qualifications State Licensure Requirement
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...
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 Development
The appeal was dismissed because the petitioner failed to establish that the proposed position qualifies as a specialty occupation. The peti...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Degree Requirement Employer'S Degree Requirement Specialized And Complex Duties Labor Condition Application
dismissed
H-1B
Art
The director denied the petition because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation,...
Beneficiary Qualifications Foreign Degree Equivalency
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to establish that the assistant manager position qualifies as a specialty occupation....
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree 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
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter to the AAO on March 24, 2006, requesting that the appeal be wit...
dismissed
H-1B
Occupational Therapy
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the specialt...
Beneficiary Qualifications Licensure
dismissed
H-1B
Budget Analysis
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies to perform the duties of a specialty occu...
Beneficiary'S Qualifications For A Specialty Occupation U.S. Baccalaureate Degree From An Accredited Institution Foreign Degree Equivalency Equivalency Through Education And Experience
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the proffered position of commercial pilot and mechanic 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 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
Nursing
The appeal was dismissed because the petitioner, a nursing placement agency, failed to establish that the proffered position of a registered...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry For Parallel Positions 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
Special Education
The appeal was dismissed because the beneficiary was found not qualified for the specialty occupation of special education tutor. The direct...
Beneficiary Qualifications 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D) Degree Equivalency State Licensure
sustained
H-1B
Finance
The appeal was sustained because the AAO determined the proffered position qualified as a specialty occupation. While the director disagreed...
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
dismissed
H-1B
Shoe Wholesale
The appeal was dismissed because the petitioner failed to establish that the proposed management analyst position qualifies as a specialty o...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proposed position of human resources specialist qualifies as a ...
Normal Minimum Requirement For Entry Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Computer Software Development
The appeal was dismissed because the petitioner failed to establish it qualified as a 'United States employer' as it could not demonstrate a...
Specialty Occupation United States Employer Employer-Employee Relationship Agent As Petitioner Itinerary Of Definite Employment Speculative Employment
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of a market research analyst qualifies as a ...
Normal Degree Requirement For The Position Industry Standard Or Unique Position Employer Normally Requires A Degree Specialized And Complex Duties
sustained
H-1B
Web And Graphic Design
The appeal was sustained because the AAO found that the petitioner successfully established the proposed art director position as a specialt...
Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex That The Required Knowledge Is Usually Associated With A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of cost accountant qualifies as a specialty ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of marketing manager for a sushi restauran...
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
sustained
H-1B
Systems Analyst
The director revoked the petition because the petitioner paid the beneficiary less than the proffered wage. The AAO sustained the appeal, fi...
Material Change In Terms And Conditions Of Employment Proffered Wage Compliance Reduction In Work Hours Requirement To File An Amended Petition
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of business analyst qualifies as a specialty...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Finance
The petitioner's motion to reopen was dismissed. The motion failed to present new, previously unavailable facts as required for a motion to ...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Medical Billing Service
The appeal was dismissed because the petitioner, a medical billing service company, failed to establish that the proffered position of manag...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position 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
Mortgage Brokerage
The appeal was dismissed because the petitioner, a small mortgage brokerage firm, failed to prove the proffered position of human resources ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex
sustained
H-1B
Medicine
The director initially denied the petition, finding that 365 days had not elapsed between the filing of the labor certification and the fili...
H-1B Six-Year Limit Ac21 Extension Beyond Six Years
sustained
H-1B
Advertising/Design
The director denied the petition, finding the proffered role of 'website designer' did not qualify as a specialty occupation. The AAO sustai...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(C)
sustained
H-1B
Computer Science
The director denied the petition after concluding that the proffered position of programmer analyst was not a specialty occupation. The AAO ...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
sustained
H-1B
Accounting
The appeal was sustained because the AAO determined the position of Senior Accountant qualifies as a specialty occupation. The director had ...
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 It Requires A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
sustained
H-1B
Graphic Design
The appeal was sustained because the AAO determined the proffered position of graphic designer qualifies as a specialty occupation, citing t...
Specialty Occupation Definition Normal Degree Requirement For Position Beneficiary Qualifications Employer Identification Number (Ein) Discrepancy
remanded
H-1B
Unknown
The AAO is reopening the matter on its own motion for the purpose of entering a new decision. This action is taken pursuant to a settlement ...
remanded
H-1B
Network Engineering
The director's denial, which found the proffered network engineer position was not a specialty occupation, was withdrawn. The AAO determined...
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 (Foreign Degree Equivalency)
sustained
H-1B
Electrical Contracting
The appeal was sustained because the AAO disagreed with the director's classification of the position as a paralegal. The AAO found the posi...
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
Logistics Management
The appeal was rejected because it was improperly filed by the beneficiary's counsel, not the petitioner. USCIS regulations prohibit a benef...
Improper Filing By Beneficiary
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner, a marketplace and cafe, failed to establish that the proffered position of 'head cook' qual...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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
Management Analysis
The appeal was dismissed because the petitioner, a retail distributor of electric products, failed to establish that the proffered position ...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of human resources 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 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
Acupuncture
The appeal was dismissed because the petitioner failed to establish that the proffered position of chemist qualified as a specialty occupati...
Normal Minimum Requirement Of A Bachelor'S Degree 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 Specialized And Complex Requiring A Degree
dismissed
H-1B
Plumbing
The appeal was dismissed because the petitioner, a plumbing company, failed to establish that the proffered position of 'total quality manag...
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
Physical Therapy
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of a physical t...
Licensure Requirements
dismissed
H-1B
Cosmetics Retail
The appeal was dismissed because the petitioner filed for an H-1B extension after the beneficiary's status had expired, which is not general...
Six-Year Limit On H-1B Status Ac21 Extension Beyond Six Years Timely Filing For Extension Of Stay Extraordinary Circumstances For Late Filing Inconsistent Evidence
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of restaurant general manager qualifies as a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the AAO affirmed the director's decision to revoke the petition. Evidence from a subsequent filing, includi...
Material Change In Employment Maintenance Of Specialty Occupation Duties Grounds For Revocation
remanded
H-1B
Computer Science
The director's decision was withdrawn because the AAO found that the petitioner, through a closely affiliated entity, did in fact qualify as...
Definition Of A U.S. Employer (8 C.F.R. § 214.2(H)(4)(Ii)) Employer-Employee Relationship Definition Of Specialty Occupation (Ina § 214(I)(1)) Criteria For Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A))
remanded
H-1B
Construction
The director denied the petition because the petitioner failed to submit requested quarterly wage reports (DE-6 forms), arguing this prevent...
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 dismissed because the petitioner failed to establish that the beneficiary was qualified for the proffered specialty occupatio...
Beneficiary'S Qualifications Educational Equivalence Experiential Equivalence
sustained
H-1B
Web Design
The director denied the petition, concluding that the proffered 'website designer' position did not qualify as a specialty occupation. The A...
Baccalaureate Or Higher Degree Is A Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry, Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specific Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Marketing
The appeal was summarily dismissed because the petitioner failed to identify any erroneous conclusion of law or statement of fact in the dir...
Specialty Occupation
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 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 small air-conditioning and appliance repair business, failed to establish that the proffe...
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 Systems
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'information systems engineer' 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 The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship existed, failing to provide ...
Employer-Employee Relationship Compliance With Labor Condition Application (Lca) Itinerary Of Definite Employment
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'director for food management operational ...
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...
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)
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner, a hotel, failed to establish that the proposed position of manager qualifies as a specialty...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
sustained
H-1B
Computer Science
The director initially denied the petition, concluding the petitioner was acting as an agent or staffing company and failed to establish a v...
U.S. Employer Agent Petitioner Employer-Employee Relationship Specialty Occupation Lca Compliance
sustained
H-1B
Accounting
The appeal was sustained because the petitioner successfully demonstrated that the proposed accountant position was not merely a clerical or...
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 establish that the proffered position of 'promotions manager' qualified as a speci...
Normal Minimum Requirement For The Position Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
sustained
H-1B
Computer Science
The director denied the petition, concluding the proffered programmer analyst position was not a specialty occupation. The AAO sustained the...
Degree Is Normal Minimum Requirement Degree Requirement Is Common To Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
sustained
H-1B
Graphic Design
The appeal was sustained because the AAO determined the proffered position of graphic designer qualifies as a specialty occupation, citing 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 Beneficiary'S Qualifications To Perform The Duties Of A Specialty Occupation Petitioner'S Employer Identification Number (Ein) Discrepancy
sustained
H-1B
Medicine
The director denied the H-1B extension because less than 365 days had passed between the filing of the alien labor certification and the fil...
H-1B Extension Beyond 6 Years American Competitiveness In The Twenty-First Century Act (Ac21) 365-Day Rule For Labor Certification Or Immigrant Petition Filing
sustained
H-1B
Systems Analyst
The director revoked the petition because the petitioner paid the beneficiary less than the proffered wage due to a reduction in hours. The ...
Material Change In Terms Of Employment Payment Of Proffered Wage Requirement To File An Amended Petition
sustained
H-1B
Accounting
The director initially denied the petition, finding the proposed accountant position was essentially a bookkeeping or clerk role. The AAO su...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Accounting
The appeal was sustained because the AAO found that the petitioner successfully established the proffered Senior Accountant position 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 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 Science
The director initially denied the petition, finding the petitioner had not established it was a 'United States employer' exercising sufficie...
Specialty Occupation United States Employer Employer-Employee Relationship United States Agent Labor Condition Application (Lca)
sustained
H-1B
Accounting
The director denied the petition, arguing the proposed accountant position was not a specialty occupation and was more akin to a bookkeeping...
Normal Minimum Degree Requirement Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner, a food services restaurant, failed to establish that the proffered position of restaurant g...
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 Requires 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
Accounting
The director initially denied the petition, concluding the proffered accountant position was not a specialty occupation and more closely res...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Quality Management
The appeal was dismissed because the petitioner, a plumbing company, failed to demonstrate that the proffered position of 'total quality man...
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
Human Resources
The appeal was dismissed because the petitioner, a small mortgage brokerage firm, failed to establish that the proffered position of human r...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Chemistry
The appeal was dismissed because the petitioner failed to establish that the proffered position of chemist 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 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
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of Human Resources Manager qualified as a sp...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Wholesale Trade
The appeal was rejected on procedural grounds because it was filed by the beneficiary's counsel, not the petitioner. Pursuant to 8 C.F.R. § ...
Standing To Appeal Improper Filing By Beneficiary
remanded
H-1B
Construction
The director denied the petition because the petitioner failed to submit requested DE-6 quarterly wage reports, which the director claimed 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
Marketing
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the director's decision. I...
Specialty Occupation
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