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 94 of 258
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner and counsel submitted letters to the AAO requesting that the appeal be withdrawn. The AAO di...
dismissed
H-1B
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the 'OEM account professional' position qualifies as a specialty oc...
Normal Degree Requirement For The Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the beneficiary was deemed unqualified for the proffered programmer analyst position. The beneficiary's bac...
Beneficiary Qualifications For A Specialty Occupation Foreign Degree Equivalency Experience Equivalency To A U.S. Baccalaureate Degree Three-For-One Rule For Work Experience Recognition Of Expertise
dismissed
H-1B
Unknown
The appeal was dismissed on procedural grounds, not on its merits. The petitioner's counsel submitted a formal request to the AAO to withdra...
Withdrawal Of Appeal
dismissed
H-1B
Oriental Rug Retail
The appeal was dismissed because the petitioner, an oriental rug retailer, failed to establish that the proffered position of marketing repr...
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
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'OEM account professional' qualifies as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The 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 the petitioner and counsel formally submitted letters to withdraw it. The AAO did not review the merits of ...
dismissed
H-1B
Sports Coaching
The appeal was dismissed because the petitioner failed to establish that the proffered position of Director of Coaching qualifies as a speci...
Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer'S Normal Hiring Requirement For The Position Complexity Of Duties Requiring A Degree
dismissed
H-1B
Transportation Management
The appeal was summarily dismissed because the petitioner failed to specifically challenge the director's finding that the proffered 'operat...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of programmer/analyst qualifies as a special...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Fitness And Recreation
The appeal was dismissed because the proffered position of membership sales representative/fitness trainer does not qualify as a specialty o...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter to the AAO on January 25, 2006, requesting that the appeal be w...
dismissed
H-1B
Wholesale Trade
The appeal was dismissed because the petitioner failed to establish that the proffered 'wholesaler buyer' position 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 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 petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO subsequently dismissed the appeal ba...
dismissed
H-1B
Hotel Business
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business development 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 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 dismissed because the petitioner's counsel submitted a letter requesting that the appeal be withdrawn. The AAO did not review...
dismissed
H-1B
Investment
The appeal was dismissed because the petitioner failed to establish that the proffered position of a multilingual translator and securities ...
Degree Is Normal Minimum Requirement For The Position Degree 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 A Degree Is Required
dismissed
H-1B
Investment
The appeal was dismissed because the petitioner failed to establish that the proffered position of multilingual translator and securities an...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Position Is Uniquely Complex Employer Normally Requires A Degree Specialized And Complex Duties Require A Degree
dismissed
H-1B
Sports Coaching
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'director of coaching' 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 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.
dismissed
H-1B
Fitness And Recreation
The appeal was dismissed because the proffered position of membership sales representative/fitness trainer was not found to be a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was qualified for the specialty occupation of a p...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Work Experience Equivalency To A Degree 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, an importer and retailer of Oriental rugs, failed to establish that the proffered 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. 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
Auto Show Production
The appeal was dismissed because the petitioner failed to prove the proffered position of Human Resources Manager qualifies as a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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 proffered programmer/analyst position qualifies as a specialty ...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Software Engineering
The AAO found that the petitioner successfully established the proffered software engineer position as a specialty occupation, disagreeing w...
Specialty Occupation Criteria (8 C.F.R. 214.2(H)(4)(Iii)(A)) Nature Of Specific Duties Is Specialized And Complex Beneficiary'S Educational Qualifications Foreign Degree Equivalency
dismissed
H-1B
Management Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualified as a special...
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
remanded
H-1B
Athletics
The appeal was remanded because the AAO found the petitioner successfully established the assistant women's tennis coach position as a speci...
Baccalaureate Or Higher Degree Is The Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Specific Duties Is So Specialized And Complex
dismissed
H-1B
Advertising
The appeal was dismissed because the petitioner failed to establish that the proffered 'advertising specialist' position 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
Law
The appeal was dismissed because the petitioner, a law firm, failed to establish that the proffered position of legal assistant qualifies as...
Baccalaureate Or Higher Degree Is The 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 Nature Of The Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner, a convenience store/gas station, failed to demonstrate that the proffered business manager ...
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
Contract Administration
The appeal was sustained because the AAO determined the proposed position of contract administrator is a specialty occupation. The director ...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
remanded
H-1B
Network Engineering
The AAO found that the petitioner successfully established the proffered network engineer position as a specialty occupation, specifically m...
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
Retail/Cosmetics
The appeal was dismissed because the H-1B extension petition was filed after the beneficiary's authorized period of stay had expired. The pe...
H-1B Six-Year Limit Extension Of Stay Under Ac21 Timely Filing For Extension Of Stay Extraordinary Circumstances For Late Filing
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of human resources manager qualifies as a ...
Normal Minimum Requirement Is A Bachelor'S Degree Degree Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
sustained
H-1B
Nutrition
The director denied the petition, concluding that the proffered position of a personal nutritionist did not qualify as a specialty occupatio...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2)
dismissed
H-1B
Computer Science
The appeal was dismissed because the beneficiary was not qualified to perform the duties of the specialty occupation. The beneficiary's fore...
Beneficiary'S Qualifications Degree Equivalency Through Education And Experience
dismissed
H-1B
Physical Therapy
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the proposed position. The petitioner did ...
Beneficiary Qualifications Licensure
sustained
H-1B
Accounting
The director denied the petition, equating the proffered accountant/financial analyst role with that of a bookkeeper, which does not require...
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 demonstrate that the position of dental laboratory technical manager qualifies as ...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry
sustained
H-1B
Computer Science
The appeal was sustained because the AAO found the petitioner established that the proffered programmer/analyst position qualified 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, 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
Technology
The director denied the petition for a seventh-year H-1B extension, believing 365 days had not elapsed between the labor certification filin...
H-1B Extension Beyond 6 Years American Competitiveness In The Twenty-First Century Act (Ac-21) 365-Day Rule For Pending Labor Certification
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered marketing manager position qualifies as a specialty o...
Position Qualifies As A Specialty Occupation Beneficiary'S Qualifications For The Specialty Occupation Normal Minimum Requirement Of A Bachelor'S Degree Requirement Of A Degree In A Specific Specialty Analysis Of Duties Vs. Occupational Outlook Handbook
sustained
H-1B
Finance
The director denied the petition, finding that the petitioner, a small retail store, did not have the organizational complexity to require a...
Normal Minimum Requirement Common To Industry/Position Complexity Employer Normally Requires Degree Specialized/Complex Duties
sustained
H-1B
Accounting
The director initially denied the petition, finding the proposed accountant/financial analyst role was essentially that of a bookkeeper and ...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex Requiring A Degree
sustained
H-1B
Graphic Design
The appeal was sustained because the proffered position of graphic designer qualifies as a specialty occupation, as a bachelor's degree is n...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer-Employee Relationship
dismissed
H-1B
Garment Industry
The appeal was dismissed because the petitioner failed to prove that the proffered position of strategic planning 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
Manufacturing
The appeal was dismissed because the petitioner failed to overcome the director's grounds for revoking the petition. A consular officer foun...
Fraud/Misrepresentation Unauthorized Employment Beneficiary Qualifications Burden Of Proof
sustained
H-1B
Finance
The director denied the petition, concluding that the petitioner's small retail business was not sufficiently complex to require a professio...
Specialized And Complex Duties Normal Degree Requirement For Position Industry Norm For Degree Requirement
dismissed
H-1B
Garment Industry
The appeal was dismissed because the petitioner failed to establish that the proffered position of strategic planning analyst qualifies as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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 proposed marketing manager position qualifies as a specialty oc...
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 Duties Of A Specialty Occupation
dismissed
H-1B
Occupational Therapy
The appeal was rejected on procedural grounds because it was filed by the beneficiary, who is not a recognized party in the proceeding, inst...
Improper Filing Of Appeal By Beneficiary Licensure At Time Of Filing
sustained
H-1B
Accounting
The director initially denied the petition, finding the proposed accountant position was more akin to a bookkeeper or accounting clerk, whic...
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex
sustained
H-1B
Computer Science
The appeal was sustained because the AAO determined that the proffered programmer/analyst position qualified as a specialty occupation. Whil...
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 For The Position
sustained
H-1B
Marketing
The director denied the petition, concluding that the proffered marketing manager position was not a specialty occupation. The AAO sustained...
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
sustained
H-1B
Accounting
The director denied the petition, concluding the proposed accountant position was essentially a bookkeeper role and not 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
Dental Technology
The appeal was dismissed because the petitioner failed to establish that the position of dental laboratory technical manager 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
sustained
H-1B
Accounting
The director denied the petition, concluding the position was similar to a bookkeeper and not a specialty occupation. The AAO sustained the ...
Normal Degree Requirement For The Position Degree 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 A Degree Is Required
dismissed
H-1B
Occupational Therapy
The appeal was rejected on procedural grounds because it was filed by the beneficiary, who is not a recognized party permitted to file an ap...
Standing To File Appeal Licensure At Time Of Filing Beneficiary Qualifications
dismissed
H-1B
Special Education
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required state license to work as a...
Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Marketing
The appeal was dismissed because evidence indicated the beneficiary was not qualified for the proposed role and that the position itself did...
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 Duties Of A Specialty Occupation
dismissed
H-1B
Ceramics Manufacturing
The appeal was dismissed because the petitioner failed to prove the beneficiary was eligible for an H-1B extension beyond the standard six-y...
H-1B Six-Year Limit Ac-21 Extension Eligibility Timely Filing
dismissed
H-1B
Insurance
The appeal was dismissed because the petitioner failed to prove that the proffered position of claims examiner qualifies as a specialty occu...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Special Education
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was qualified for the specialty occupation. The d...
Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'test engineer' qualifies as a specialty ...
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)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the specialty occupation. The submitted fo...
Beneficiary'S Qualifications Foreign Degree Equivalency Work Experience Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Apparel Distribution
The appeal was dismissed because the petitioner failed to prove the proposed internal auditor/accountant position qualifies as a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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 liquor store, failed to establish that the proposed accountant 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 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
Property Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of a property manager qualifies as a special...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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
Civil Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required state license to work as a c...
State Licensure Requirement Beneficiary'S Qualifications (Degree Or Equivalent)
dismissed
H-1B
Computer Systems
The appeal was dismissed because the petitioner failed to establish that the proffered position of computer systems administrator qualifies ...
Normal Minimum Requirement Of A Bachelor'S 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
Accounting
The appeal was dismissed because the AAO determined that the proposed duties did not rise to the level of a professional accountant. 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
Business Management
The appeal was sustained because the AAO determined the proffered business manager position qualified as a specialty occupation. While the p...
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 And Hardware
The director initially denied the petition, finding the petitioner failed to establish that the international sales manager role was 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
sustained
H-1B
Computer Consulting
The director denied the extension because the H-1B petition was filed less than 365 days after the labor certification application. The AAO ...
Extension Of Stay Beyond Six Years Ac21 Eligibility 365-Day Rule For Pending Labor Certification
dismissed
H-1B
Herbal Medicine
The appeal was summarily dismissed because the petitioner failed to properly support it. Counsel stated they would file a brief or additiona...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies to perform the services of the proffered ...
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) - Degree Is Normal Minimum Requirement 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Degree Is Common To The Industry Or Position Is Complex/Unique 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Duties Are Specialized And Complex 8 C.F.R. 214.2(H)(4)(Iii)(C) - Beneficiary'S Qualifications
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a staffing company, failed to establish that the proffered position of accountant was a spe...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Education
The appeal was sustained upon reconsideration based on new CIS guidance. Initially, the petition was denied because 365 days had not elapsed...
H-1B Six-Year Limit Ac21 Extension
sustained
H-1B
Engineering
The director initially denied the petition, finding the proffered 'sales engineer' position did not qualify as a specialty occupation. The A...
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'S Qualifications
dismissed
H-1B
Healthcare
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation Labor Condition Application Compliance
dismissed
H-1B
Dentistry
The AAO found that the proffered position qualified as a specialty occupation because the duties described were those of a dentist. However,...
Specialty Occupation Definition Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Early Childhood Special Education
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proposed position of computer systems analyst qualifies as a sp...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Duties Are Specialized/Complex
dismissed
H-1B
Health Care
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusions of law or statements of fact...
Specialty Occupation Labor Condition Application Failure To Identify Error On Appeal
dismissed
H-1B
Spectroscopy
The appeal was dismissed because the petitioner failed to respond to the Director's Notice of Intent to Revoke (NOIR). As a result, the AAO ...
Beneficiary'S Qualifications Specialty Occupation Requirements Educational Equivalence Experience Equivalence
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter requesting that the appeal be withdrawn.
Withdrawal Of Appeal
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proposed accountant position qualifies as a specialty occupatio...
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 proposed 'marketing/business analyst' position qualifies as a s...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Event Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Special Education
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation Appeal Requirements
dismissed
H-1B
Accounting
The director revoked the petition's approval after discovering evidence from a subsequent filing that suggested the beneficiary was working ...
Specialty Occupation Material Change In Employment Revocation Of Petition
dismissed
H-1B
Information Systems
The appeal was dismissed because the petitioner failed to establish that the proffered position of information systems engineer qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proposed position of market research analyst qualifies as a spe...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship, as it did not provide evidence o...
Employer-Employee Relationship Lca Compliance Itinerary Of Services
sustained
H-1B
Marketing
The appeal was sustained because the AAO re-characterized the proffered 'marketing manager' position as a 'market research analyst' based on...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations
remanded
H-1B
Computer Science
The director's denial was withdrawn because the AAO determined that the petitioner did qualify as a U.S. employer, finding a close affiliati...
Employer-Employee Relationship Specialty Occupation Requirements
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 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 Management
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'director for food management operational ...
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...
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
Home Healthcare
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 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
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