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 96 of 258
dismissed
H-1B
Fashion Design
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'chief creative designer' 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, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
remanded
H-1B
Information Technology
The appeal was remanded because the record did not establish that the proffered position qualifies as a specialty occupation or that the pet...
Specialty Occupation Beneficiary Qualifications Employer-Employee Relationship Availability Of Non-Speculative Work
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'engineering technician' position qualifies as a spec...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Consumer Lending
The AAO denied the combined motion to reopen and reconsider. The petitioner failed to present qualifying new facts for a motion to reopen, p...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Information Technology
The Director denied the petition because the petitioner failed to establish two key points: that a valid employer-employee relationship woul...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered 'QA analyst' position qualifies as a specialty occu...
Specialty Occupation Definition Beneficiary'S Qualifications Maintenance Of Nonimmigrant Status Normal Degree Requirement For Position Industry Degree Standard Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'staff accountant' position 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) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Construction Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'cost estimator/financial specialist' position qualif...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Business
The appeal was dismissed because the petitioner and its affiliate failed to demonstrate a legitimate business need to file more than one H-1...
Legitimate Business Need For Multiple H-1B Filings
dismissed
H-1B
Software Development And Consulting
The appeal was dismissed because the petitioner did not overcome the director's findings for revocation. The director found that the benefic...
Employment In Specified Capacity Violation Of Terms And Conditions Of Petition Unauthorized Change Of Work Location Grounds For Revocation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not demonstrate that the proffered position of 'DWT/BI test lead' qualifies as a special...
Specialty Occupation Employer-Employee Relationship Labor Condition Application (Lca)
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business development specialist' qualifi...
Specialty Occupation Definition Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualified for the H-1B master's cap exemption. To q...
H-1B Master'S Cap Exemption Definition Of U.S. Institution Of Higher Education
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 speci...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position The Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex The Employer Normally Requires A Degree For The Position The Duties Are So Specialized And Complex That They Require Knowledge Associated With A Bachelor'S Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of a software quality assurance tester quali...
Specialty Occupation Lca Compliance Employer-Employee Relationship
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of Senior Business Development Specialist (M...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Or Position Is Uniquely Complex Employer'S Normal Hiring Requirement For The Position Nature Of Duties Are So Specialized And Complex To Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'Computer System Engineer' position 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
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year ...
H-1B Six-Year Limit (Ina 214(G)(4)) H-1B Extension Under Ac21 Section 106(A) H-1B Extension Under Ac21 Section 104(C)
dismissed
H-1B
Software
The appeal was dismissed because the petitioner failed to establish that it meets the regulatory definition of a United States employer, spe...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Retail
The combined motion to reopen and reconsider was denied because the petitioner failed to meet the requirements for either action. The motion...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualifies as a sp...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the Director's two grounds for denial. The petitioner did not provide suf...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Accounting
The combined motion to reopen and reconsider was denied, upholding the prior dismissal of the appeal. The motion to reopen was denied becaus...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to prove the proffered 'Quality Analyst' position qualifies as a specialty occupation...
Normal Minimum Requirement For The Position Is 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 That They Require Knowledge Associated With A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of a bench technician 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
Hospitality
The appeal was dismissed because the AAO found that the Director's decision to revoke the petition's approval was correct. The petitioner fa...
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 proffered 'Programmer Analyst' position qualifies as a specialt...
Specialty Occupation Beneficiary Qualifications Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to demonstrate the beneficiary was eligible for an H-1B extension beyond the six-year...
H-1B Extension Beyond 6 Years Ac21 Section 106(A) Ac21 Section 104(C) 365-Day Pending Labor Certification/Immigrant Petition
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the two grounds for denial specified by the Director. The petitioner did ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Medicine
The appeal was initially dismissed because the petitioner failed to prove it qualified for an H-1B cap exemption as a non-profit entity affi...
H-1B Cap Exemption Non-Profit Status Affiliation With An Institution Of Higher Education
dismissed
H-1B
Software
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The petitioner did not establish that ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a day spa, failed to establish that the proffered accountant position 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 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 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
Acupuncture
The appeal was dismissed because the issue was rendered moot. USCIS records showed that the beneficiary had already adjusted their status to...
Licensure Mootness
dismissed
H-1B
Graphic Design
The appeal was dismissed because the petitioner failed to establish that the proffered graphic designer position qualifies as a specialty oc...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Software Development
The appeal was dismissed as abandoned because the petitioner did not respond to an AAO notice. The AAO sent the notice after discovering the...
Employer-Employee Relationship Specialty Occupation Abandonment
dismissed
H-1B
Information Technology
The appeal was dismissed as moot because a subsequent H-1B petition filed by the same petitioner for the same beneficiary had already been a...
Mootness
dismissed
H-1B
Fashion Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of a fashion designer qualifies as a special...
Normal Minimum Requirement Of 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 The Nature Of The Specific Duties Are So Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the Director correctly revoked the petition's approval. The petitioner was employing the beneficiary at a w...
Labor Condition Application (Lca) Compliance Material Changes In Employment Grounds For Revocation Filing Of Amended Petition
dismissed
H-1B
Transportation
The appeal was dismissed because the petitioner, a limousine transportation business, failed to establish that the proffered 'management ana...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of software application developer qualifies ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry / Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed as moot because another employer's H-1B petition for the same beneficiary had already been approved. The petitioner...
Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Information Technology
The initial approval was revoked because the Director found the petitioner failed to establish that the proffered position qualifies as a sp...
Specialty Occupation Employer-Employee Relationship Availability Of Work Lca Correspondence
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'Business Analyst' position qualifies as a specialty ...
Normal Degree Requirement For The Particular Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'rehab specialist' qualifies as a special...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
It Consulting
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
Specialty Occupation Maintenance Of Status Procedural Grounds For Summary Dismissal
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner, a restaurant, failed to establish that the proffered position of 'Operations Manager' quali...
Normal Degree Requirement For Position Industry Standard Degree Requirement 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 "business operations specialist" qualifie...
Whether A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position. Whether The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations. Whether The Employer Normally Requires A Degree For The Position. Whether 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
Marketing
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 Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Degree Requirement Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Advertising
The appeal was dismissed because it was limited to reviewing the denial of a motion to reopen and reconsider. The AAO found the petitioner f...
Motion To Reopen Requirements Motion To Reconsider Requirements Specialty Occupation Definition Bachelor'S Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry
dismissed
H-1B
Electrical Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered "Business Manager" 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 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 as moot. A new petition for the same beneficiary was filed by the petitioner and subsequently approved, granting th...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not submit a brief or...
Failure To Identify Error In Appeal
dismissed
H-1B
Education
The appeal was dismissed because the issue was considered moot. A subsequent Form I-129 petition filed by the same petitioner for the same b...
Mootness
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the proffere...
Beneficiary Qualifications State Licensure Requirement Degree Requirement Experience Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D) 8 C.F.R. § 214.2(H)(4)(V)(A)
dismissed
H-1B
Computer Science
The appeal was dismissed as moot. The AAO found that because the beneficiary had already been approved for H-1B employment with a different ...
Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that it qualifies as a 'United States employer' by demonstrating it woul...
Employer-Employee Relationship United States Employer
dismissed
H-1B
Accounting
The motion to reopen and reconsider was denied, upholding the previous dismissal of the appeal. The petitioner failed to meet the requiremen...
Specialty Occupation
dismissed
H-1B
Information Technology
The motion to reopen was denied because the petitioner failed to submit new facts as required. The motion to reconsider was denied because t...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under section 104(c) of th...
Extension Of Stay Beyond Six-Year Limit Ac21 Eligibility Beneficiary'S Current Nonimmigrant Status Statutory Interpretation Of Ac21
dismissed
H-1B
Computer Science
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension of stay under the American Competitiveness in the Tw...
H-1B Extension Eligibility Ac21 Applicability Section 214(G)(4) 6-Year Limit
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 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 Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Healthcare
The motion to reconsider was dismissed because it failed to meet the procedural requirements, specifically by not stating reasons or providi...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Computer Programming
The appeal was summarily dismissed as abandoned because the Petitioner failed to respond to a notice from the AAO within the required timefr...
Abandonment Failure To Respond To Notice
dismissed
H-1B
Computer Programming
The appeal was summarily dismissed as abandoned. The petitioner failed to respond to a notice from the AAO within the allotted timeframe, wh...
Abandonment Failure To Respond To Notice
sustained
H-1B
Healthcare
The appeal was sustained because the AAO found that the proffered position of a clinical-data-management statistician qualifies as a special...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of Computer Systems Analyst qualifies as a s...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Set Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'set designer' 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 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
Pharmacy
The appeal was dismissed because the petitioner, a retail pharmacy, failed to establish that the proffered position of management analyst qu...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the benefic...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Medicine
The appeal was dismissed because the issue was considered moot. Subsequent to the denial of the petition under appeal, the petitioner filed ...
dismissed
H-1B
Logistics
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not submit new facts that we...
Motion To Reopen Motion To Reconsider Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the issue was considered moot. After the initial denial, the petitioner filed a subsequent H-1B petition fo...
Mootness
dismissed
H-1B
Finance
The motion to reopen and reconsider was denied because the petitioner failed to meet the specific requirements for such a motion. The petiti...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'billing, cost and rate clerk' qualifie...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of Financial 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 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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of "Business Development Specialist" qualifi...
Degree Is Normal Minimum Requirement Degree Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Civil Engineering
The appeal was dismissed because the petitioner failed to file an amended petition with a new, certified Labor Condition Application (LCA) t...
Lca Certification Worksite Location Compliance Material Change In Employment Requirement For Amended Petition
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year ...
Ina § 214(G)(4) (H-1B 6-Year Limit) Ac21 § 106(A) (Extension Based On Lengthy Adjudication) Ac21 § 104(C) (Extension Based On Per-Country Limits)
dismissed
H-1B
Allied Health Education
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted her status to that of a lawful permanent resident,...
Failure To Pay Proffered Wage Violation Of Petition Terms And Conditions Mootness Due To Adjustment Of Status
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the benefic...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit. The beneficiary's prior a...
H-1B 6-Year Limit Ac21 Extension Eligibility Exemption For Beneficiaries With Approved Immigrant Petitions Exemption For Beneficiaries With Pending Labor Certifications Or Immigrant Petitions Revocation Of I-140 Petition
dismissed
H-1B
Veterinary Medicine
The appeal was dismissed because the underlying issue was deemed moot. The Beneficiary had already adjusted their status to that of a U.S. p...
Specialty Occupation
dismissed
H-1B
Software Development
The Director initially denied the petition for failing to establish that the proffered position of Software Designer Engineer in Test qualif...
Specialty Occupation Sufficient Work For The Period Of Employment Employer-Employee Relationship
dismissed
H-1B
Jewelry Wholesale
The appeal was dismissed because the petitioner failed to establish that the proffered position of Marketing Specialist qualifies as a speci...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Job Duties
dismissed
H-1B
Rehabilitation Services
The appeal was dismissed because the petitioner voluntarily withdrew the appeal. According to regulations, a withdrawal may not be retracted...
Withdrawal Of Appeal
dismissed
H-1B
Education
The petitioner requested to withdraw the appeal on August 18, 2015. The appeal was dismissed based solely on this withdrawal request, as wit...
dismissed
H-1B
Aircraft Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'aircraft technologies engineer' qualifie...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualifies as a special...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Aircraft Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of an aircraft technologies engineer 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 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
Retail Sales
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Area Retail Sales and Operations Manage...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Food Manufacturing
The appeal was dismissed because the petitioner failed to establish that the proffered "Business Developer" 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 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 as moot. The decision was not based on the merits of the case, but rather on the fact that the Beneficiary had alre...
Employer-Employee Relationship
dismissed
H-1B
Exercise Science
The appeal was dismissed because the petitioner, a private university, failed to establish that the proffered position of "Exercise Speciali...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Database Administration
The appeal was dismissed as moot. The petitioner requested to withdraw the petition after the initial decision was made, which, per regulati...
Withdrawal Of Petition
dismissed
H-1B
Healthcare
The appeal was dismissed because the issue was moot. After the initial petition was denied, the petitioner filed a new H-1B petition for the...
H-1B Cap Exemption Mootness Concurrent Employment
dismissed
H-1B
International Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualifies as a sp...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Marketing
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating they would do so....
Failure To Identify Error On Appeal
remanded
H-1B
Market Research
The AAO remanded the case due to a procedural error by the Director. After initially approving the petition, the Director issued a notice of...
Specialty Occupation Procedural Standards For Revocation
dismissed
H-1B
Healthcare Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of "director of medical staff relations" qua...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
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