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 97 of 258
dismissed
H-1B
Sales Engineering
The appeal was dismissed due to significant inconsistencies and discrepancies in the petition and supporting documents. The petitioner provi...
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
remanded
H-1B
Education
The appeal was remanded because the AAO found a more fundamental, unresolved issue regarding the petitioner's qualification for an H-1B cap ...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education
dismissed
H-1B
Human Resources
The appeal was dismissed because the AAO upheld the Director's revocation of the petition. A post-approval site visit revealed that the bene...
Specialty Occupation Grounds For Revocation Misrepresentation Of Facts Beneficiary'S Actual Duties Wage Level
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'programmer analyst' qualifies as a spe...
Specialty Occupation Employer-Employee Relationship End-Client Work Requirements
dismissed
H-1B
Information Technology
The Director denied the petition because the petitioner failed to establish that specialty occupation work was available, that a valid emplo...
Specialty Occupation Employer-Employee Relationship Lca Correspondence
dismissed
H-1B
Biotechnology
The appeal was dismissed because the petitioner failed to describe the proffered 'pharmaceutical researcher' position with sufficient detail...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'electrical engineer' position qualifies as a speci...
Normal Minimum Requirement For The Position Common Industry Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Food Distribution
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'management analyst' 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 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
Logistics
The motion to reopen was denied because the petitioner failed to provide new facts significant enough to change the outcome of the prior dec...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a software development and IT consulting firm, failed to establish that it would have a val...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Corporate Law
The Director initially denied the petition because the evidence did not establish that the proffered position of 'international mergers & ac...
Specialty Occupation
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered 'paralegal' position qualifies as a specialty occupat...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Labor Condition Application (Lca) Wage Level
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to prove the proffered 'law clerk' position qualifies as a specialty occupation. The ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered "law clerk" position qualifies as a specialty occupat...
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
Real Estate Investment
The appeal was dismissed because the petitioner failed to establish that the proffered 'business development specialist' position qualifies ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation position...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Sales Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales engineer' 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 Or... 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
Information Technology
The AAO issued a request for evidence to the petitioner to resolve discrepancies with signatures on several documents. The petitioner did no...
Failure To Respond To Request For Evidence Abandonment
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the Petitioner failed to respond to a Request for Evidence issued by the AAO. This failure to res...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT staffing company, failed to prove that a specialty occupation position was available ...
Specialty Occupation Definition Availability Of Work At Time Of Filing Employer-Employee Relationship Evidence Of Job Duties From End-Client
dismissed
H-1B
Sales
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales supervisor' position qualifies as a specialty ...
Baccalaureate Or Higher Degree Is Normally The 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 Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered Budget Analyst position qualifies as a specialty occu...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The rec...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed, upholding the Director's decision. The petitioner failed to establish that the proffered 'Software Engineer' posit...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Systems Analysis
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence after indicating they would do so. The petiti...
Failure To Identify Erroneous Conclusion Of Law Or Fact (8 C.F.R. § 103.3(A)(1)(V))
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems integration and user acceptance ...
Specialty Occupation Bachelor'S Degree Or Higher In A Specific Specialty Beneficiary'S Qualifications Employer-Employee Relationship
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies a...
Specialty Occupation U.S. Employer
dismissed
H-1B
Beauty Salon
The appeal was dismissed because the petitioner, a small beauty salon, failed to establish that the proffered position of "Management Consul...
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
It Consulting
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that the proffered business analyst position qua...
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
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of "Market Research Analyst" qualifies as a ...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Work Requirements Non-Speculative Work
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it had non-speculative, specialty occupation work for the beneficia...
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
Information Technology
The appeal was dismissed because the petitioner, an IT consulting firm, failed to provide sufficient evidence from the end-client where the ...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a school system, failed to prove it qualified for an exemption from the H-1B numerical cap....
H-1B Cap Exemption Related Or Affiliated Nonprofit Entity Shared Ownership Or Control Cooperative
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner, an IT consulting firm, failed to prove the 'business analyst' position qualified 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 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
Computer Science
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'computer programmer 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, 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 on procedural grounds. The petitioner argued that the Director abused discretion and violated its rights by not gra...
Rfe Response Time Abuse Of Discretion Due Process
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting firm, failed to provide sufficient documentary evidence from the end-clien...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Work Requirements Non-Speculative Employment
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to prove its eligibility for an exemption from the annual H-1B numerical cap. The pet...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Employment At A Nonprofit Research Organization Employment At A Governmental Research Organization Beneficiary With A U.S. Master'S Or Higher Degree
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary, who was int...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a required brief or additional evidence after fili...
Failure To Identify Error On Appeal Failure To Submit Brief/Evidence
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position qualifies as a specialty occupation. The petitioner d...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties End-Client Work Requirements Non-Speculative Work
dismissed
H-1B
Law
The appeal was dismissed because the issue was deemed moot. A review of records indicated that the beneficiary had already adjusted their st...
Specialty Occupation Mootness
dismissed
H-1B
Accounting
The appeal was summarily dismissed as abandoned. The AAO requested the petitioner to verify its intent to pursue the appeal, but the petitio...
Abandonment Of Appeal
dismissed
H-1B
Financial Management
The appeal was dismissed because the petitioner failed to prove the Chief Financial Officer position qualified as a specialty occupation. Th...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Past Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because USCIS conducted site visits and discovered that the petitioning company did not exist at the location speci...
Inaccurate Statements On Form I-129 Grounds For Revocation On Notice Violation Of Labor Condition Application (Lca) Terms Inconsistent Information Regarding Worksite Location Findings From Uscis Site Visits
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting firm, failed to provide sufficient evidence from the end-client where the ...
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
Information Technology
The appeal was dismissed because the petitioner failed to prove it was not a related entity to another company that also filed an H-1B petit...
Multiple H-1B Filings By Related Entities Specialty Occupation
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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 Management
The motion to reconsider was denied because the petitioner failed to establish that the proffered 'hospitality manager' position qualifies a...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Insurance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'technical translator' 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 Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an IT consulting firm, failed to prove the proffered 'computer programmer analyst' position...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Evidence For Third-Party Placements
dismissed
H-1B
Business Development
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a notice of intent to dismiss and request for ev...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Research
The Director initially denied the petition for failing to establish that the beneficiary qualified for an H-1B cap exemption. The AAO summar...
H-1B Cap Exemption Proper Filing Of Appeal
remanded
H-1B
Computer Science
The Director's decision to revoke the petition was based on significant factual errors, including incorrect information about the employment...
Payment Of Proffered Wage
dismissed
H-1B
Restaurant Management
The motion to reopen and reconsider was denied on procedural grounds. The AAO determined that a petitioner cannot file a motion with the Ser...
Specialty Occupation Procedural Rules For Motions And Appeals
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'computer programmer' position 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 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 'software 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 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
Accounting
The appeal was dismissed because the petitioner failed to prove the proffered staff accountant position qualifies as a specialty occupation....
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that the proffered position of 'computer program...
Normal Degree Requirement For The Position Degree Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Systems Analysis
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not present new facts establ...
Motion To Reopen Requirements Motion To Reconsider Requirements Specialty Occupation Definition
dismissed
H-1B
Industrial Design
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was qualified for the specialty occupation. The p...
Beneficiary'S Qualifications Degree Equivalency Through Education And Experience 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'computer programmer analyst' qualifies...
Specialty Occupation Definition Baccalaureate Or Higher Degree Requirement Common To Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered "area coach operations-in training" position qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Marketing
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not submit a brief or a...
Summary Dismissal Procedure (8 C.F.R. § 103.3(A)(1)(V)) Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a for-profit company, failed to establish that the beneficiary qualified for an H-1B cap ex...
H-1B Cap Exemption Employment At An Institution Of Higher Education
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that definite, non-speculative specialty occupation work would exist for...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Availability Of Specialty Occupation Work Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove it was not a related entity to another company that filed a nearly identical...
Multiple H-1B Filing Specialty Occupation
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to demonstrate that the proffered computer programmer position qualifies as a special...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Business
The motion on a previously dismissed appeal was denied because the petitioner failed to establish that the proffered 'business/import analys...
Specialty Occupation Minimum Educational Requirements
dismissed
H-1B
Medical Equipment
The appeal was dismissed because the petitioner did not establish that the proffered 'health researcher' position qualifies as a specialty o...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties Degree In A Specific Specialty
dismissed
H-1B
Legal Research
The appeal was dismissed because the petitioner did not establish that the proffered position of 'director of overseas operations' qualifies...
Normal Degree Requirement For Position Degree Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'general manager' position qualifies as a specialty o...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Accounting And Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accounting and financial analyst' qualif...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'associate systems administrator' position qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed
H-1B
Web Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'web developer' position qualified as a specialty occ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'computer programmer analyst' qualifies...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Insurance
The appeal was dismissed because the petitioner, an insurance provider, failed to demonstrate that the proffered part-time 'budget analyst' ...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'business development manager' position qualifies as ...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Require A 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. The AAO...
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
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of Computer Systems Analyst qualifies as a s...
Normal Minimum Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to provide sufficiently detailed job duties to demonstrate the position qualified 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
dismissed
H-1B
Management Consulting
The appeal was dismissed due to unresolved inconsistencies regarding the nature of the proffered position. The petitioner used multiple, dis...
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
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'software developer' position qualifies as a specia...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
sustained
H-1B
Digital Marketing
The appeal was sustained because upon de novo review, the AAO found that the petitioner had overcome the basis for the director's denial. Th...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The Director initially denied the petition for three reasons: failure to establish a valid employer-employee relationship, failure to prove ...
Employer-Employee Relationship Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Computer Science
The appeal was dismissed because of numerous inconsistencies and discrepancies in the petition which undermined the petitioner's credibility...
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
Business Management
The combined motion to reopen and reconsider was denied. The motion to reopen was denied for failing to present new facts, and the motion to...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered 'computer programmer analyst' position qualified as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Work Requirements
dismissed
H-1B
E-Commerce
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'e-commerce business and operations manag...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Normal Minimum Degree Requirement For The Position Whether A Business Administration Degree Is Sufficiently Specialized
dismissed
H-1B
Health Care
The appeal was dismissed because the petitioner failed to establish that it qualifies for an exemption from the H-1B numerical cap. The peti...
H-1B Cap Exemption Nonprofit Entity Affiliated With An Institution Of Higher Education Shared Ownership Or Control Operation By An Institution Of Higher Education
dismissed
H-1B
Aircraft Parts Wholesale
The appeal was dismissed because the petitioner failed to prove the proffered position of 'purchasing agent' qualifies as a specialty occupa...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Accounting
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating they would do so....
Specialty Occupation Summary Dismissal Failure To Identify Error
remanded
H-1B
Information Technology
The appeal was remanded because the Director incorrectly denied the petition by first analyzing the beneficiary's qualifications rather than...
Specialty Occupation Definition Beneficiary Qualifications Position Requires A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Sales
The appeal was dismissed because the matter was considered moot, as a separate H-1B petition for the same beneficiary and petitioner had alr...
Mootness Failure To Respond
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove that the proffered 'software engineer' position qualifies as a specialty occ...
Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Wireless Communications
The appeal was dismissed because the Director's decision to revoke the petition was upheld. The petitioner violated the terms of the approve...
Revocation On Notice Lca Compliance Worksite Location Short-Term Placement Rules Violation Of Petition Terms
dismissed
H-1B
Equipment Manufacturing
The appeal was dismissed because the petitioner failed to demonstrate that the proffered Market Research Analyst position qualifies as a spe...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Specialized And Complex Duties
dismissed
H-1B
Medicine
The appeal was dismissed because the Director properly revoked the petition's approval. The record contained numerous inconsistencies regard...
Grounds For Revocation Veracity Of Petition Statements Consistency Of Job Offer Details
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary, who was to ...
Employer-Employee Relationship Specialty Occupation
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