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 (3)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
615 total decisions
Page 2 of 7
dismissed
EB-2
Computer Science
The appeal was dismissed because the beneficiary did not possess the equivalent of a U.S. four-year bachelor's degree, which is a prerequisi...
Advanced Degree Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Software Development
The appeal was dismissed because the substitution of the beneficiary on the labor certification was not permitted, as the request was filed ...
Job Requires Advanced Degree Ability To Pay Beneficiary Substitution On Labor Certification Beneficiary Qualifications
dismissed
EB-2
Dentistry
The appeal was dismissed because the director determined the beneficiary did not satisfy the minimum level of education for an advanced degr...
Advanced Degree Or Equivalent Job Requirements On Labor Certification Beneficiary'S Qualifications Ability To Pay
dismissed
EB-2
Software Development
The appeal was dismissed because the petitioner failed to respond to the AAO's Request for Evidence (RFE). The RFE sought information regard...
Educational Requirements Beneficiary'S Experience Ability To Pay Proffered Wage
dismissed
EB-2
Computer Science
The appeal was dismissed because the beneficiary was found not to qualify as a professional holding an advanced degree or its equivalent, wh...
Advanced Degree Or Equivalent Ability To Pay Proffered Wage
dismissed
EB-2
Accounting
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted their status to that of a lawful permanent residen...
Advanced Degree Professional Adjustment Of Status Mootness
dismissed
EB-2
Engineering
The appeal was dismissed because the beneficiary's educational credentials did not meet the requirements for the classification. The AAO det...
Advanced Degree Requirement Foreign Degree Equivalency
dismissed
EB-2
Economics
The appeal was dismissed because the petitioner failed to submit the required initial evidence with the petition, specifically documentation...
Advanced Degree Work Experience Submission Of Initial Evidence
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary's three-year foreign bachelor's degree was not considered equivalent to a U.S. four-year ba...
Advanced Degree Equivalence Foreign Degree Equivalency Educational Requirements
dismissed
EB-2
Visual Effects
The appeal was dismissed as moot. The decision states that the beneficiary had already obtained lawful permanent resident status after the p...
Ability To Pay Proffered Wage Mootness Due To Adjustment Of Status
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary's three-year foreign bachelor's degree was not considered equivalent to a U.S. four-year ba...
Advanced Degree Requirement Foreign Degree Equivalency Job Requirements On Labor Certification
dismissed
EB-2
Health Care Administration
The AAO withdrew the director's prior approval and denied the petition. The central issues were whether the beneficiary qualifies as a membe...
Advanced Degree Labor Certification Requirements Beneficiary Qualifications Foreign Degree Equivalency Progressive Experience
dismissed
EB-2
Computer Systems
The appeal was dismissed because the director determined the beneficiary did not meet the minimum level of education or required experience ...
Advanced Degree Equivalence Required Experience Ability To Pay
dismissed
EB-2
Soundware Development And Marketing
The appeal was dismissed because the job offer, as described on the ETA Form 9089 labor certification, did not require a professional holdin...
Advanced Degree Requirement Exceptional Ability Requirement
dismissed
EB-2
Software Engineering
The appeal was dismissed primarily because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss (NOID). The NOID raised...
Advanced Degree Requirement Labor Certification Requirements Foreign Degree Equivalency
sustained
EB-2
Law
The appeal was sustained because the AAO conducted a de novo review and concluded that the petitioner had established the beneficiary met th...
Educational Requirements Ability To Pay
dismissed
EB-2
Business Intelligence
The appeal was dismissed because the job requirements listed on the ETA Form 9089 did not meet the minimum standards for the EB-2 visa categ...
Advanced Degree Requirement Job Offer Requirements Interpretation Of Labor Certification (Eta Form 9089) Bachelor'S Degree Plus Five Years Experience Equivalency
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary did not possess the educational qualifications required by the labor certification. The dir...
Advanced Degree Requirement Foreign Degree Equivalency Bachelor'S Degree Plus Experience
dismissed
EB-2
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required five years of progressive ...
Advanced Degree Equivalent (Bachelor'S + 5 Years Experience) Meeting Labor Certification Requirements Evidence Of Qualifying Work Experience
dismissed
EB-2
Technology Services
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage of $110...
Ability To Pay Proffered Wage
dismissed
EB-2
Unknown
The appeal was dismissed because the petition, filed under the EB-2 category, was not supported by a required Department of Labor approved l...
Labor Certification Academic Degree 10 Years Of Experience License Or Certification High Salary Membership In Professional Associations Recognition For Achievements
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Proffered Wage
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary did not possess the required educational qualifications. The core issue was that for an adv...
Advanced Degree Or Equivalent Bachelor'S Degree Requirement Foreign Equivalent Degree
dismissed
EB-2
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum educational requirements for the ...
Possession Of Advanced Degree Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Computer Software
The appeal was dismissed because the beneficiary's credentials, which included a three-year bachelor's degree and a professional certificati...
Advanced Degree Foreign Educational Equivalent
sustained
EB-2
Medicine
The appeal was sustained because the AAO determined the beneficiary's foreign medical degree (Bachelor of Medicine and Bachelor of Surgery f...
Advanced Degree Foreign Degree Equivalency Labor Certification Requirements Training/Experience Requirements Priority Date Qualifications
dismissed
EB-2
Unknown
The motion to reopen/reconsider was dismissed because it was untimely. The motion was filed 221 days after the AAO's decision, well past the...
Timeliness Of Motion Change Of Address Notification
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the work experience requirements specified on...
Beneficiary Qualifications Labor Certification Requirements Work Experience Advanced Degree Or Equivalent
remanded
EB-2
Engineering
The Director's decision was withdrawn and the case was remanded. The Director had denied the petition, concluding the labor certification di...
Advanced Degree Definition Labor Certification Job Requirements Beneficiary Qualifications Ability To Pay Proffered Wage
dismissed
EB-2
Systems Engineering
The appeal was dismissed as moot. The AAO determined that because the beneficiary had already adjusted to lawful permanent resident status t...
Advanced Degree Professional Exceptional Ability
dismissed
EB-2
Physical Therapy
The appeal was dismissed because it was determined to be moot. The beneficiary had already adjusted to lawful permanent resident status thro...
Advanced Degree Equivalence Ability To Pay
dismissed
EB-2
Education
The AAO issued a Notice of Intent to Dismiss (NOID) requesting evidence that the petitioner was still an active business and had the ability...
Beneficiary'S Education Petitioner'S Accreditation Petitioner'S Ability To Pay Abandonment
remanded
EB-2
Soccer Coaching
The director's denial based on the petitioner's ability to pay was withdrawn because the petitioner established it had paid an independent c...
Ability To Pay Advanced Degree Or Exceptional Ability Requirement
dismissed
EB-2
Information Technology
The appeal was dismissed. While the AAO found that the petitioner successfully established its ability to pay the proffered wage, it conclud...
Ability To Pay Proffered Wage Job Requires Advanced Degree
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary's three-year bachelor's degree from India was not considered equivalent to a U.S. four-year...
Advanced Degree Requirement Foreign Degree Equivalency Experience In Lieu Of Education Baccalaureate Degree Equivalency
dismissed
EB-2
Software Engineering
The appeal was dismissed because the director correctly revoked the petition's approval. The petitioner attempted to substitute a new benefi...
Labor Certification Validity Beneficiary Substitution Priority Date
dismissed
EB-2
Information Technology
The appeal was dismissed, upholding the director's denial. The primary reason for denial was the failure to establish that the beneficiary's...
U.S. Bachelor'S Degree Equivalency Beneficiary'S Educational Qualifications Job Requirements Petitioner'S Ability To Pay
remanded
EB-2
Software
The director denied the petition because the beneficiary's three-year foreign degree was not considered equivalent to a U.S. baccalaureate. ...
Advanced Degree Equivalence Foreign Degree Evaluation
dismissed
EB-2
Internet Security
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum educational requirements for the of...
Ability To Pay Proffered Wage Beneficiary'S Educational Qualifications
dismissed
EB-2
Mechanical Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary's Romanian 'diploma de licenta' was the foreign equ...
Advanced Degree Equivalence Foreign Credential Evaluation Labor Certification Requirements
dismissed
EB-2
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum educational requirements for ...
Possession Of An Advanced Degree Foreign Degree Equivalency Meeting Labor Certification Requirements
remanded
EB-2
Software Engineering
The director denied the petition, asserting that the job offer, which allowed for a Bachelor's degree in 'Any Discipline,' did not qualify a...
Job Requirements For Advanced Degree Professional Definition Of 'Profession' Labor Certification Requirements Beneficiary Qualifications
sustained
EB-2
Engineering
The appeal was sustained because the AAO determined that the director had misinterpreted the job requirements on the ETA Form 9089. The AAO ...
Job Offer Requires Advanced Degree Advanced Degree Equivalent (Bachelor'S + 5 Years Experience)
dismissed
EB-2
Information Technology
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any supporting evidence after filing the app...
Beneficiary'S Education Ability To Pay Failure To Identify Error Of Law Or Fact
dismissed
EB-2
Computer Science
The appeal was dismissed because the petitioner failed to prove that the beneficiary's credentials, a three-year diploma and an engineering ...
Advanced Degree Foreign Degree Equivalency Baccalaureate Degree
dismissed
EB-2
Construction
The appeal was dismissed because the job requirements on the labor certification did not qualify the position for the EB-2 classification, a...
Job Requirements Beneficiary'S Qualifying Experience
dismissed
EB-2
Academia
The appeal was dismissed because the beneficiary did not meet the minimum educational requirement stated on the labor certification as of th...
Advanced Degree Requirement Educational Qualifications As Of Priority Date Labor Certification Requirements
dismissed
EB-2
Finance
The appeal was dismissed because the beneficiary failed to demonstrate possession of a U.S. baccalaureate degree or a foreign equivalent, wh...
Advanced Degree Equivalence U.S. Baccalaureate Degree Or Foreign Equivalent
dismissed
EB-2
Chemistry
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements for the position. The director found that...
Advanced Degree Requirement Foreign Degree Equivalency
dismissed
EB-2
Internet Services
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any supporting evidence after filing the app...
Beneficiary'S Education Failure To Submit Brief/Evidence On Appeal
sustained
EB-2
Psychoanalysis
The initial denial was based on the determination that the job offer did not require an advanced degree, as the labor certification form spe...
Job Requires Advanced Degree Advanced Degree Equivalent (Bachelor'S + 5 Years Experience) Interpretation Of Eta Form 9089
dismissed
EB-2
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the 24 months of experience required by t...
Beneficiary Qualifications Work Experience Verification Labor Certification Requirements
dismissed
EB-2
Information Technology
The appeal was dismissed because the Beneficiary's foreign education (a three-year bachelor's degree and a two-year master's degree from Ind...
Advanced Degree Requirement Foreign Degree Equivalency Post-Baccalaureate Experience
dismissed
EB-2
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum requirements of the labor certifica...
Educational Requirements Post-Baccalaureate Experience Labor Certification Requirements Alternate Combination Of Education And Experience
dismissed
EB-2
Computer Science
The Director revoked the previously approved petition after finding the Petitioner failed to demonstrate the Beneficiary possessed the minim...
Advanced Degree Or Equivalent Qualifying Work Experience Labor Certification Requirements
dismissed
EB-2
Computer Science
The Director initially denied the petition because the beneficiary lacked the required work experience, the job offer was not bona fide, and...
Beneficiary'S Work Experience Bona Fide Job Offer Willful Misrepresentation Of Material Fact
dismissed
EB-2
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary's three-year Indian degree was equivalent to a U....
Advanced Degree Equivalent Foreign Degree Equivalency Labor Certification Requirements Expert Opinion Evaluation
sustained
EB-2
Market Research
The appeal was sustained because the AAO found that the director erred in denying the petition. The director claimed the job did not require...
Advanced Degree Requirement Job Requires A Professional Definition Of Profession Labor Certification Field Of Study Relevance
dismissed
EB-2
Accounting
The appeal was dismissed because the beneficiary's three-year foreign bachelor's degree combined with a professional accounting membership w...
Advanced Degree Equivalence Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Counselor Education
The appeal was dismissed because the petitioner failed to establish the overarching requirements for Schedule A, Group II designation. While...
Widespread Acclaim And International Recognition Position Requires Exceptional Ability Judging The Work Of Others Authorship Of Scholarly Articles Membership In Associations Requiring Outstanding Achievement Published Material About The Beneficiary
dismissed
EB-2
Healthcare
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage to this beneficiary as well as i...
Ability To Pay Proffered Wage Beneficiary Qualifications
sustained
EB-2
Computer Programming
The Director denied the petition, finding the Beneficiary did not have the required five years of post-baccalaureate experience when measure...
Advanced Degree Five Years Of Progressive Post-Baccalaureate Experience
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum five years of qualifying expe...
Advanced Degree Post-Baccalaureate Experience Labor Certification Requirements Special Skills
sustained
EB-2
Information Technology
The Director revoked a previously approved petition, determining that specific language in the labor certification exceeded the standard 'Ke...
Advanced Degree Professional Qualifications Labor Certification Requirements Kellogg Language
remanded
EB-2
Information Technology
The Director's revocation, based on language in the labor certification, was withdrawn. However, the case was remanded because after the pet...
Successor-In-Interest Labor Certification Validity Advanced Degree Professional Requirements Kellogg Language
dismissed
EB-2
Sales Engineering
The motions were dismissed because the motion to reopen did not present new facts, specifically omitting the required original labor certifi...
Labor Certification Requirement Job Requirements (Advanced Degree) Motion To Reopen Standards Motion To Reconsider Standards Original Signed Documents
sustained
EB-2
Computer Science
The Director denied the petition, finding the beneficiary lacked the required five years of post-baccalaureate experience because the clock ...
Advanced Degree Equivalence Five Years Of Post-Baccalaureate Progressive Experience Determination Of Degree Conferral Date Official Academic Record
sustained
EB-2
Software Engineering
The appeal was sustained because the AAO determined that the beneficiary's degree conferral date was the date of their provisional certifica...
Advanced Degree Equivalent Bachelor'S Degree Five Years Progressive Post-Baccalaureate Experience Priority Date Provisional Certificate Vs. Formal Diploma Date
remanded
EB-2
Software Consulting
The Director denied the petition, finding the beneficiary did not have the required five years of post-baccalaureate experience because the ...
Advanced Degree Equivalent (Bachelor'S + 5 Years Experience)
dismissed
EB-2
Information Technology
The appeal was dismissed because the underlying labor certification did not sufficiently support the petition for an advanced degree profess...
Advanced Degree Requirement Labor Certification Requirements Beneficiary'S Qualifications
dismissed
EB-2
Unknown
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to submit a brief or identify any specific erroneo...
Advanced Degree Qualification For Proffered Position Procedural Requirements For Appeal
remanded
EB-2
Information Technology
The director denied the petition after determining the petitioner had not established the continuing ability to pay the beneficiary the prof...
Ability To Pay
dismissed
EB-2
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required educational qualifications f...
Advanced Degree Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested to withdraw the petition before the AAO issued its decision. The AAO determined th...
sustained
EB-2
Unknown
The Director denied the petition, concluding the beneficiary did not have the required five years of progressive experience after obtaining ...
Advanced Degree Five Years Of Progressive Experience Foreign Degree Equivalency
sustained
EB-2
Software Engineering
The director's denial was based on the finding that the beneficiary did not meet the minimum requirements of the labor certification. Upon d...
Beneficiary Qualifications For Labor Certification Ability To Pay Proffered Wage
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner, after indicating a brief would be submitted, failed to provide one or any additio...
Beneficiary Qualifications Ability To Pay Proffered Wage Bona Fide Job Offer Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-2
Business Administration
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements set forth in the labor certification. The...
Advanced Degree Qualification Labor Certification Requirements Foreign Degree Equivalency
dismissed
EB-2
Software Development
The motion to reopen was dismissed because the petitioner failed to provide new facts that were previously unavailable, which is a requireme...
Advanced Degree Equivalency Foreign Degree Evaluation Labor Certification Requirements Motion To Reopen Requirements
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary's credentials met the requirements of the labor cer...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Information Technology
The director revoked the petition, finding that the certified labor application (ETA Form 9089) failed to demonstrate that the job requires ...
Advanced Degree Requirement Job Requirements On Labor Certification (Eta Form 9089) Kellogg Language Interpretation
dismissed
EB-2
Urban Design
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for a Schedule A, Group II labor certifica...
Membership In International Associations Published Material About The Alien
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence within the specified timeframe. Th...
Advanced Degree Requirement
sustained
EB-2
Speech Recognition Technology
The director initially denied the petition because the petitioner failed to establish its ability to pay the proffered wage. Upon de novo re...
Ability To Pay
dismissed
EB-2
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required educational qualifications. ...
Advanced Degree Equivalence Foreign Educational Equivalent Labor Certification Requirements Ability To Pay Proffered Wage
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possesses a qualifying U.S. advanced degree. The ...
Advanced Degree Requirement Accreditation Of Institution
sustained
EB-2
Computer Software
The director initially denied the petition because the petitioner failed to demonstrate its ability to pay the proffered wage from the prior...
Ability To Pay Proffered Wage
dismissed
EB-2
Information Technology
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies between the work experience claimed on the lab...
Beneficiary'S Educational Qualifications Beneficiary'S Work Experience
dismissed
EB-2
Unknown
The appeal was dismissed as moot. The petitioner requested to withdraw the petition after the initial decision was issued but before the AAO...
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence after filing the notice of appeal. By not pro...
Ability To Pay Procedural (Failure To Submit Brief)
dismissed
EB-2
Computer Science
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements specified in the labor certification. The...
Advanced Degree Requirement Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Information Technology
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Dismiss (NOID) from the AA...
Advanced Degree Equivalence Ability To Pay Proffered Wage
sustained
EB-2
Information Technology
The director initially denied the petition, finding that the beneficiary failed to demonstrate the minimum experience required by the labor ...
Advanced Degree Professional Progressive Experience Labor Certification Requirements
dismissed
EB-2
Physical Therapy
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum requirements of the job offer as st...
Advanced Degree Requirement Foreign Degree Equivalency Job Requirements On Eta 9089 Schedule A Blanket Labor Certification
sustained
EB-2
Information Technology
The director initially denied the petition, concluding the beneficiary's foreign credentials did not equate to a single U.S. baccalaureate d...
Educational Requirements Foreign Degree Equivalency Work Experience Ability To Pay
dismissed
EB-2
Nursing
The appeal was dismissed and the petition's revocation was upheld because the petitioner failed to establish that the proffered position of ...
Advanced Degree Requirement Labor Certification Job Requirements Progressive Experience
dismissed
EB-2
Quantitative Analysis
The appeal was dismissed because the petitioner failed to establish that the offered position of 'Industrial Engineer/ Quantitative Analyst'...
Advanced Degree Requirement Labor Certification Requirements Division Of Authority Between Dol And Uscis
dismissed
EB-2
Petroleum Engineering
The motion to reconsider was denied because it was untimely filed. The petitioner's motion was received by USCIS on the 34th day after the d...
Timeliness Of Motion To Reconsider Date Of Filing Definition
dismissed
EB-2
Unknown
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or additional evidence identifying an erro...
Ability To Pay Failure To State Grounds For Appeal
dismissed
EB-2
Software Engineering
The Director initially denied the petition because the beneficiary did not possess a U.S. master's degree or a foreign equivalent as require...
Advanced Degree Requirement Ability To Pay
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