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 99 of 258
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of Programmer Analyst qualifies as a special...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position The Degree Requirement Is Common To The Industry In Parallel Positions The Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of a .NET consultant qualifies as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Pharmacy
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'compounding chemist' qualifies as a spec...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of Marketing Development Manager qualifies a...
Normal Degree Requirement Industry Common Degree Requirement Employer'S Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Biopharmaceutical Science
The appeal was dismissed because it was considered moot. USCIS records indicated that another H-1B petition filed by a different employer on...
Specialty Occupation
dismissed
H-1B
International Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'international business development direc...
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 as moot because the petitioner requested to withdraw the original Form I-129 petition before a decision was issued ...
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' 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 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 failed to establish that the proffered position of 'Computer Programmer Analyst' 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 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
Landscaping Services
The appeal was dismissed because the petitioner, a sprinkler, drainage, and lighting company, failed to establish that the proffered managem...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Specialized And Complex Nature Of The Duties
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...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Computer Programmer Analyst' qualifies a...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex
dismissed
H-1B
Market Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'market analyst, parking' qualifies as a ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
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...
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 did not establish that the proffered 'programmer analyst' position qualifies as a specialty ...
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 failed to establish that the proffered position of 'Computer Programmer Analyst' qualifies a...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position'S Complexity Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Computer Consulting
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Labor Condition Application (Lca) Appeal Procedural Requirements
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Food Service Manager Hospitality Consult...
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
Business Technology Solutions
The appeal was dismissed because the petitioner failed to establish that the proffered position of Communications Systems Engineer qualifies...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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 Services
The Director initially denied the petition for failing to establish a valid employer-employee relationship. The AAO upheld this decision and...
Employer-Employee Relationship Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that the proffered 'Programmer Analyst' p...
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 Nature Of Specific Duties Are Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'Computer Programmer Analyst' position qualifies as a...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'Computer Programmer Analyst' position qualifies as a...
Specialty Occupation Employer-Employee Relationship Beneficiary'S Qualifications
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'Computer Programmer Analyst' position qualifies as a...
Specialty Occupation Beneficiary'S Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'Database Administrator' position qualifies as a spec...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
sustained
H-1B
Unknown
The Director denied the petition after finding that the petitioner had not established that the proffered position qualifies as a specialty ...
Specialty Occupation
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Computer Programmer Analyst' qualifies a...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Software Quality Analyst' qualifies as a...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Taekwondo
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for an appeal. Specifically, the petiti...
Failure To Identify Specific Error In Appeal
dismissed
H-1B
Food Service Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'General and Operations Manager' for a do...
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 matter was rendered moot. The beneficiary had already adjusted their status to that of a lawful permane...
Lca Compliance Worksite Location Mootness Adjustment Of Status
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner moved the beneficiary to a new work location not covered by the certified Labor Condition Ap...
Specialty Occupation Valid Lca Employer-Employee Relationship Material Change In Employment
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the director's finding that the proffered position did not qualify as a s...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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 Analysis
The motion to reconsider was dismissed primarily because it was untimely, filed 48 days after the decision was served, exceeding the 33-day ...
Specialty Occupation Motion To Reconsider Requirements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'Senior Consultant II' 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, 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
Applied Behavior Analysis
The appeal was dismissed because the beneficiary was not qualified for the proffered position. During the appeal, a new New York state law t...
Beneficiary Qualifications Licensure
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Partner Marketing Manager' qualifies as ...
Specialty Occupation
dismissed
H-1B
Unknown
The petitioner requested to withdraw the petition before a decision was issued by the Administrative Appeals Office. As the underlying petit...
dismissed
H-1B
Retail
The appeal was dismissed because the petitioner did not establish that the proffered 'Operations Manager' position at a retail firm 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 Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree In A Specific Specialty
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Computer Programmer Analyst' qualifies a...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Geotechnical Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Land Surveyor' qualifies as a specialty ...
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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'Accountant Executive' 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, 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
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of marketing specialist qualifies as a speci...
Normal Degree Requirement For Position Degree Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner, a two-employee women's fashion manufacturer, failed to establish that the proffered "System...
Normal Minimum Requirement Of A Baccalaureate Degree For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Business
The appeal was dismissed because the petitioner failed to establish that the proffered financial analyst 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 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, a 15-employee restaurant, failed to establish that the proffered 'IT Specialist' position q...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Computer Science
The director denied the petition because the petitioner did not establish that the proffered position of 'Computer Programmer Analyst' quali...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Business
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Performing Non-Qualifying Duties Wage Requirements Failure To Identify Error On Appeal
dismissed
H-1B
Fuel Retail
The appeal was dismissed because the petitioner failed to overcome the director's finding that the proffered position of 'Budget Analyst' do...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'IT Analyst - Middleware Administrator' position qual...
Specialty Occupation Normal Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Employer-Employee Relationship
dismissed
H-1B
Child Care
The motion to reopen was dismissed because the petitioner failed to meet the regulatory requirements. Specifically, the petitioner did not s...
Specialty Occupation Motion To Reopen Requirements
dismissed
H-1B
Education
The Director denied the petition because the petitioner failed to establish that it meets the regulatory definition of a 'United States empl...
Employer-Employee Relationship United States Employer
dismissed
H-1B
Logistics
The motion to reopen was dismissed because the petitioner failed to present new facts that would likely change the outcome of the case, as r...
Motion To Reopen Requirements Specialty Occupation
dismissed
H-1B
Health Services Management
The combined motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not provide any new facts...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'Computer Programmer Analyst' position qualifies as a...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Database Administrator' qualifies as a s...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation. The Dir...
Beneficiary Qualifications Specialty Occupation Equivalence Of Education And Experience To A U.S. Bachelor'S Degree Possession Of A Foreign Degree Equivalent
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that a specific work assignment existed for the beneficiary, and therefo...
Specialty Occupation Availability Of Work Employer-Employee Relationship
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...
Normal Minimum Requirement For The Position Is A Baccalaureate Degree Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree 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 it had qualifying specialty occupation work available for the benef...
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 and the petition's approval remained revoked. An administrative site visit to the beneficiary's listed worksite rev...
Revocation On Notice Employment In Specified Capacity Changes In Terms And Conditions Of Employment Administrative Site Visit Findings
dismissed
H-1B
Software Development
The Director denied the petition because the petitioner failed to establish that work was available in a specialty occupation and that the p...
Specialty Occupation
dismissed
H-1B
Marketing
The combined motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not present any new facts...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the matter was deemed moot. USCIS records showed that the beneficiary had already adjusted his status to th...
Mootness
remanded
H-1B
Education
The director initially denied the petition for failure to comply with the terms of previously approved employment. The AAO, however, remande...
H-1B Cap Exemption Nonprofit Organization Related To Or Affiliated With An Institution Of Higher Education
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'Programmer Analyst' position qualifies as a specia...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
dismissed
H-1B
Dietetics
The director revoked the previously approved petition after finding that the beneficiary did not possess the requisite state license to prac...
State Licensure Requirement Beneficiary Qualifications Violation Of Petition Terms
remanded
H-1B
Accounting
The AAO found that the petitioner successfully overcame the director's grounds for revoking the petition's approval. However, the AAO identi...
Specialty Occupation Minimum Educational Requirements Complexity Of Job Duties
sustained
H-1B
Healthcare
The director initially denied the petition for failing to establish the position as a specialty occupation. The appeal was sustained because...
Specialty Occupation Definition Beneficiary Qualifications Licensure Requirement
dismissed
H-1B
Construction Material Testing
The appeal was dismissed because the petitioner failed to prove that the proffered 'Director of Accounting' 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
Software Development
The appeal was dismissed because the petitioner failed to overcome the director's bases for denial. The petitioner did not establish that it...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Financial Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial manager qualifies as a specialt...
Specialty Occupation
dismissed
H-1B
It Support Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'Network Specialist' position qualifies as a specialt...
Specialty Occupation Requirements Bachelor'S Degree Requirement
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of "Marketing Specialist" 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
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary for the off-...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Business Administration
The motion to reopen was dismissed because the petitioner failed to state new facts that would be provided in a reopened proceeding, as requ...
Specialty Occupation Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Sr. Technical Specialist' qualifies as a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Medicine
The director denied the petition, concluding the beneficiary did not qualify for an exemption from the U.S. medical licensing examination re...
Physician Of National Or International Renown
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Associate' qualifies as a specialty occu...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Healthcare Technology
The appeal was sustained because the AAO conducted a de novo review and found that the petitioner established the position qualified as a sp...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Construction
The appeal was dismissed because the petitioner, a construction business, failed to establish that the proffered project manager position qu...
Specialty Occupation Definition Normal Minimum Degree Requirement Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Financial Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Financial Data Analyst' qualifies as a s...
8 C.P.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.P.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.P.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.P.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a public school system, failed to establish that it qualified for an exemption from the H-1...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Definition Of Nonprofit Entity Definition Of Related Or Affiliated Nonprofit Entity
dismissed
H-1B
Media Communications
The appeal was dismissed because the petitioner, a university, failed to establish that the proffered 'media communications analyst' positio...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Mathematics Education
The appeal was dismissed because the beneficiary was ineligible for an H-1B extension beyond the six-year maximum period. The petitioner sou...
H-1B Extension Beyond 6 Years Ac21 Section 106(A) Ac21 Section 106(B) Pending Labor Certification For 365+ Days Ac21 Section 104(C)
dismissed
H-1B
Hospitality
The appeal was dismissed because the petitioner, a motel, failed to demonstrate that the proffered position of 'business operations 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 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 Consulting
The Director initially denied the petition for failing to establish that the Beneficiary was qualified for the position. On a de novo review...
Specialty Occupation Beneficiary Qualifications Employer-Employee Relationship Degree Requirement
dismissed
H-1B
Restaurant Management
The petitioner's motion to reconsider a previously dismissed appeal was denied. The AAO determined that the petitioner failed to establish t...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) Specialty Occupation
dismissed
H-1B
Gymnastics
The motion to reconsider was denied because it was filed untimely. The motion was submitted 43 days after the decision it sought to reconsid...
Extension Of Stay Beyond Six Years (Ac21) Timely Filing Of Extension Petition Timely Filing Of Motion To Reconsider
dismissed
H-1B
Marketing
The appeal was dismissed because the AAO affirmed the Director's revocation of the petition's approval. The revocation was justified on the ...
Beneficiary Qualifications Degree Equivalency Work Experience Evaluation Revocation For Gross Error
dismissed
H-1B
Business Administration
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'administrative manager' qualifies as a s...
Specialty Occupation Beneficiary Qualifications Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish two key H-1B requirements. The primary issue discussed was the petitione...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Acupuncture
The motion to reopen and reconsider was denied because the petitioner failed to provide new facts to justify reopening, nor did it establish...
Specialty Occupation Motion To Reopen Motion To Reconsider 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Religious Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Instructional Coordinator' qualifies as ...
Specialty Occupation Valid Labor Condition Application (Lca)
dismissed
H-1B
Management Consulting
The appeal was dismissed because the Director's revocation was proper. The evidence of record was insufficient to establish that the petitio...
Specialty Occupation Definition Availability Of Specialty Occupation Work Petitioner Conducting Business At Time Of Filing Revocation For Gross Error
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The e...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Are So Specialized And Complex
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered paralegal position qualifies as a specialty occupatio...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Language Education
The appeal was dismissed because the petitioner, a Japanese language school, failed to prove that the proffered 'Japanese Language Instructo...
Specialty Occupation Definition Minimum Degree Requirement For The Position Common Degree Requirement For The Industry
dismissed
H-1B
Gymnastics
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an extension of stay beyond the statut...
H-1B Six-Year Limit Ac21 Section 104(C) Extension Ac21 Section 106(A) Extension
dismissed
H-1B
Computer Software
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a request for evidence from the AAO within the 8...
Failure To Respond To Request For Evidence Abandonment
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