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 3 of 7
dismissed
EB-2
Occupational Therapy
The appeal was dismissed because the beneficiary did not meet the educational requirements for the EB-2 classification. The certified labor ...
Advanced Degree Requirement Foreign Degree Equivalency
sustained
EB-2
Software Engineering
The director initially denied the petition, finding the beneficiary did not meet the minimum educational requirements stated on the labor ce...
Educational Requirements Advanced Degree Equivalency Ability To Pay
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of software engineer requires an advanced ...
Advanced Degree Professional Requirements Job Offer Requirements Labor Certification (Eta Form 9089) Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Electrical Engineering
The appeal was dismissed because the beneficiary did not meet the requirements for classification as an advanced degree professional. The de...
Advanced Degree Requirement Foreign Degree Equivalency Progressive Experience Equivalency
dismissed
EB-2
Systems Analysis
The motion to reopen was dismissed because the petitioner failed to show the previous decision was incorrect. The AAO affirmed that the bene...
Educational Requirements Foreign Degree Equivalency Qualifying Work Experience Experience Gained With The Petitioner Labor Certification Requirements
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petit...
Ability To Pay Proffered Wage Failure To Submit Brief/Evidence On Appeal
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary failed to establish possession of the required educational credentials for the requested cl...
Educational Requirements Foreign Degree Equivalency Accreditation Of Institution
dismissed
EB-2
Unknown
The appeal was rejected because the underlying petition was denied for abandonment after the petitioner failed to respond to a request for e...
Denial For Abandonment (8 C.F.R. § 103.2(B)(13)(I)) Non-Appealability Of Abandonment Denial (8 C.F.R. § 103.2(B)(15)) Untimely Filing Of Appeal (8 C.F.R. § 103.3(A)(2)(I))
remanded
EB-2
Unknown
The appeal was rejected as untimely filed because it was received with the proper filing fee 82 days after the decision was issued, well pas...
Timeliness Of Appeal Filing Fee Requirements Motion To Reconsider
dismissed
EB-2
Software Engineering
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or evidence to contest the director's decision....
Ability To Pay Proffered Wage Procedural Requirements For Appeal
remanded
EB-2
Unknown
The appeal was rejected as untimely filed, as it was received on September 16, 2010, well after the July 27, 2010 deadline. However, the AAO...
Timeliness Of Appeal Motion To Reopen And Reconsider
dismissed
EB-2
Software Consulting
The appeal was dismissed because the beneficiary did not possess the required educational qualifications as stated on the labor certificatio...
Advanced Degree Requirement Foreign Degree Equivalency Labor Certification Requirements Equivalency Of A Bachelor'S Degree Plus Five Years Of Experience
dismissed
EB-2
Mechanical Engineering
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements specified on the labor certification at t...
Advanced Degree Bachelor'S Degree Plus Five Years Progressive Experience
dismissed
EB-2
Software Consulting
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum requirements stated on the certif...
Advanced Degree Equivalence Foreign Degree Evaluation Progressive Experience Labor Certification Requirements
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements as stated on the certified ETA Form 9089 ...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Computer Science
The director denied the petition after determining that the petitioner had not established its continuing ability to pay the beneficiary the...
Employer-Employee Relationship Ability To Pay Proffered Wage
dismissed
EB-2
Computer Science
The director initially denied the petition because the petitioner failed to demonstrate the ability to pay the proffered wage. The AAO dismi...
Ability To Pay Proffered Wage Employer-Employee Relationship
dismissed
EB-2
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on December 14, 2010, and the appeal was not recei...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The appeal was dismissed because it was untimely filed. The director's decision was issued on December 14, 2010, but the appeal was not rece...
Timeliness Of Appeal Motion To Reopen Or Reconsider
sustained
EB-2
Computer Engineering
The appeal was sustained because the AAO reversed the director's finding that the beneficiary lacked the required experience. The AAO determ...
Advanced Degree Equivalence Five Years Of Progressive Post-Baccalaureate Experience Meeting Labor Certification Requirements
dismissed
EB-2
Dentistry
The appeal was dismissed because the case was rendered moot. The beneficiary had already adjusted to lawful permanent resident status throug...
Labor Certification (Form Eta 9089) Successor-In-Interest Adjustment Of Status
dismissed
EB-2
Unknown
The appeal was rejected for procedural reasons. It was filed untimely, 42 days after the decision was issued, exceeding the 33-day deadline....
Timely Filing Standing To Appeal
dismissed
EB-2
Chemistry
The appeal was dismissed because it was rendered moot. The beneficiary had already adjusted to lawful permanent resident status through a se...
Mootness Educational Requirements
dismissed
EB-2
Ebusiness Consulting
The appeal was dismissed because the beneficiary did not possess the requisite education for the position. The AAO concluded that the benefi...
Advanced Degree Requirement Educational Equivalency Foreign Degree Evaluation
dismissed
EB-2
Medicine
The director initially denied the petition because the beneficiary's foreign medical degree was not considered an advanced degree. Although ...
Advanced Degree Equivalency Permanent Employment Offer Intent To Employ
dismissed
EB-2
Electrical Engineering
The appeal was dismissed because the beneficiary's French educational credentials did not meet the minimum requirement of a U.S. master's de...
Foreign Degree Equivalency Meeting Labor Certification Requirements Advanced Degree Definition
dismissed
EB-2
Medicine
The director's initial decision to deny the petition was withdrawn. However, the AAO conducted a de novo review and denied the petition on d...
Advanced Degree Equivalence Permanent Employment Intent To Employ
sustained
EB-2
Medicine
The appeal was sustained because the AAO determined that the beneficiary's Bachelor of Medicine, Bachelor of Surgery (MBBS) degree from Paki...
Advanced Degree Requirement Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Of Experience
dismissed
EB-2
Information Technology
The appeal was dismissed because the director determined the beneficiary did not possess a U.S. master's degree or its foreign equivalent. T...
Advanced Degree Equivalence Foreign Degree Evaluation Baccalaureate Degree Equivalence
remanded
EB-2
Unknown
The appeal was rejected because it was filed one day beyond the 33-day deadline. However, per regulations, the Administrative Appeals Office...
Timeliness Of Appeal Motion To Reconsider
sustained
EB-2
Engineering Education
The director denied the petition, finding the beneficiary's Ph.D. in human resources education did not meet the labor certification's requir...
Educational Requirements Job Requirements From Labor Certification Interpretation Of 'Closely Related Field'
dismissed
EB-2
Software Development
The appeal was dismissed due to abandonment. The petitioner failed to respond to an AAO notice of intent to dismiss which was issued because...
Educational Requirements Foreign Degree Equivalency Abandonment Of Appeal
dismissed
EB-2
Software Engineering
The appeal was dismissed due to abandonment. The petitioner failed to respond to the AAO's notice of intent to dismiss, which was issued bas...
Advanced Degree Requirement Foreign Degree Equivalency
remanded
EB-2
Unknown
The appeal was rejected because it was filed untimely, over a year after the 33-day deadline. Per regulations, the AAO remanded the matter t...
Timeliness Of Appeal
sustained
EB-2
Sales Engineering
The director initially denied the petition, concluding the beneficiary did not possess the required education for the position. The appeal w...
Advanced Degree Equivalency
dismissed
EB-2
Consulting
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements specified on the labor certification. The...
Advanced Degree Equivalence Beneficiary'S Educational Qualifications Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The decision was issued on May 12, 2010, requiring an appeal within 33 days, but the service cent...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-2
Information Technology Consulting
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 Educational Equivalency Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to prove that the beneficiary met the minimum experience requirements outlined in the...
Advanced Degree Equivalence Progressive Experience Experience In The Job Offered Sufficiency Of Evidence For Experience
dismissed
EB-2
Molecular Diagnostics
The appeal was dismissed because the petitioner failed to comply with the procedural requirements for a Schedule A petition. Specifically, t...
Schedule A Labor Certification Notice Requirements 20 C.F.R. § 656.10(D)
dismissed
EB-2
Unspecified
The appeal was dismissed because the underlying labor certification (ETA Form 9089), a mandatory requirement for the petition, was revoked b...
Labor Certification Requirement Employment Experience
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner submitted a request to withdraw the appeal. According to regulations, the withdrawal may not...
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any additional evidence to support the appea...
Beneficiary'S Educational Qualifications Failure To Identify Error In Appeal
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested that the appeal be withdrawn. The decision notes that this withdrawal cannot be re...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw the appeal on December 8, 2009. Per regulation, a withdrawal ...
dismissed
EB-2
Unknown
The appeal was dismissed because counsel for the petitioner requested that the appeal be withdrawn. The AAO noted that a withdrawal may not ...
remanded
EB-2
Unknown
The appeal was rejected because it was filed 35 days after the director's decision was issued, exceeding the 33-day limit for mailed decisio...
Timeliness Of Appeal Motion To Reconsider
dismissed
EB-2
Unknown
The petitioner requested to withdraw the petition after the initial denial but before the AAO issued its decision. This request to withdraw ...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested to withdraw it. According to regulations, the withdrawal cannot be retracted.
dismissed
EB-2
Golf Management
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to support the appeal. C...
Ability To Pay Proffered Wage Identification Of Specific Error On Appeal
dismissed
EB-2
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner, through their counsel, submitted a request to withdraw t...
dismissed
EB-2
Information Systems
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 Or Its Equivalent Foreign Degree Equivalency Progressive Experience Labor Certification
dismissed
EB-2
Software Engineering
The appeal was dismissed because the job offer, as described on the Form ETA 750, did not require a professional holding an advanced degree ...
Advanced Degree Requirement Job Offer Requirements On Eta 750 Bachelor'S Degree Plus Five Years Experience Equivalency Exceptional Ability
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary was found not to possess the required U.S. Master's degree or its foreign equivalent. The d...
Advanced Degree Requirement Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw it. The decision was not made on the merits of the case but w...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner submitted a request to withdraw it. The AAO noted that this withdrawal is final and cannot b...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn.
remanded
EB-2
Unknown
The appeal was rejected as untimely because it was received 35 days after the director's decision, which is beyond the 33-day deadline. In a...
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Advanced Degree Procedural Grounds For Appeal
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner formally requested its withdrawal. According to regulations, the withdrawal cannot be retrac...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The AAO processed this request and...
dismissed
EB-2
Information Technology
The director denied the petition, finding the petitioner had not established that the proffered position of senior web developer required an...
Advanced Degree Requirement Beneficiary'S Educational Qualifications Bachelor'S Degree Plus Five Years Experience As Master'S Degree Equivalent Labor Certification Job Requirements
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal and petition be withdrawn before the AAO issued ...
Withdrawal Of Petition
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner voluntarily withdrew it. The decision is purely procedural and does not address the merits o...
dismissed
EB-2
Network Analysis
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the foreign equivalent of a U.S. baccalau...
Advanced Degree Foreign Degree Equivalency Educational Evaluation Progressive Experience
dismissed
EB-2
Computer Science
The appeal was dismissed because the beneficiary's education did not meet the requirements for the EB-2 classification. The director and the...
Advanced Degree Equivalence Foreign Degree Evaluation Bachelor'S Degree Plus Five Years Of Experience
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary was found not to meet the educational requirements for the EB-2 category as specified in th...
Advanced Degree Requirement Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Software Engineering
The appeal was dismissed because the director determined the beneficiary did not meet the minimum educational requirements specified on the ...
Advanced Degree Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. According to regulations, a withdr...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested to withdraw the appeal. Per the decision, this withdrawal cannot be retracted.
sustained
EB-2
Software Development
The director denied the petition because the job offer on the labor certification appeared not to require an advanced degree, due to an ambi...
Job Requires Advanced Degree Labor Certification Requirements (Eta 750) Advanced Degree Equivalency
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The AAO granted this request, noti...
dismissed
EB-2
Unknown
The director initially denied the petition. While the case was before the AAO on certification, the petitioner requested to withdraw it. The...
sustained
EB-2
Medicine
The appeal was sustained because the AAO determined that the beneficiary's six-year medical degree (Diplom spetsialista) from Russia is equi...
Advanced Degree Requirement Foreign Degree Equivalency Educational Evaluation Job Qualifications
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements specified on the labor certification. The...
Advanced Degree Equivalence Labor Certification Requirements Foreign Degree Evaluation
sustained
EB-2
Dentistry
The appeal was sustained, and the petition was approved. The director initially denied the petition, finding the petitioner had not establis...
Ability To Pay Beneficiary'S Qualifications
dismissed
EB-2
Culinary Arts
The appeal was dismissed because the job offer on the associated labor certification (ETA Form 9089) did not demonstrate that the position o...
Job Requires Advanced Degree Job Requires Exceptional Ability Labor Certification Job Requirements Dol Occupational Classification
dismissed
EB-2
Software Development
The appeal was dismissed because the petitioner's amendments to the Form ETA 750 labor certification, which sought to require a master's deg...
Advanced Degree Job Offer Requirements Labor Certification Amendments
dismissed
EB-2
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the minimum experience required by the ...
Advanced Degree Equivalency Progressive Experience Job Experience Requirements Timeliness Of Experience Sufficiency Of Evidence
dismissed
EB-2
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on June 16, 2010, but the appeal was received on J...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on May 25, 2010, and the appeal was received on Ju...
Timely Filing Of Appeal
sustained
EB-2
Information Technology
The director denied the petition because the labor certification allowed a master's degree in 'Any discipline,' arguing that the degree fiel...
Job Requires A Member Of The Professions Advanced Degree Requirement Labor Certification Requirements Definition Of 'Profession'
dismissed
EB-2
Computer Science
The appeal was dismissed because the beneficiary did not possess a single foreign degree equivalent to a U.S. baccalaureate degree. Under th...
Advanced Degree Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Business Analysis
The appeal was dismissed because the beneficiary's three-year foreign bachelor's degree, even when combined with a professional accounting m...
Advanced Degree Requirement Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through their counsel, submitted a request to withdraw the appeal. The AAO processed this r...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, requested to withdraw the appeal. The decision notes that this withdrawal ...
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to submit any new evidence to address the director's findings. The initial ...
Job Classification Ability To Pay
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel formally requested that the appeal be withdrawn. The AAO acknowledged this non-ret...
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary's qualifications did not meet the regulatory requirements. The AAO found that while the ben...
Advanced Degree Requirement Foreign Equivalent Degree U.S. Baccalaureate Degree Equivalency Combination Of Education And Professional Certification
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw the appeal. The AAO noted that such a withdrawal is final and...
remanded
EB-2
Unknown
The appeal was rejected because it was filed untimely. The initial appeal was rejected for being submitted with the wrong filing fee, and th...
Timely Filing Of Appeal Improper Filing Fee Motion To Reopen
remanded
EB-2
Information Technology
The Director initially denied the petition, concluding the beneficiary's foreign degrees in Statistics did not meet the job's educational re...
Advanced Degree Requirement Beneficiary'S Qualifications Foreign Degree Equivalency
dismissed
EB-2
Unknown
The appeal was dismissed as moot. The AAO issued a notice of derogatory information because business records indicated the petitioner compan...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The AAO acknowledged and accepted the w...
dismissed
EB-2
Business
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific error in the director's decision or prov...
Ability To Pay Proffered Wage Job Requirements (Advanced Degree) Failure To State Grounds For Appeal
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel submitted a formal request to withdraw the appeal. Per regulation 8 C.F.R. § 103.2...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, filed a request to withdraw the appeal. The decision notes that a withdraw...
dismissed
EB-2
Computer Science
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 U.S. Baccalaureate Degree Equivalence
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested that the appeal be withdrawn. The AAO noted that the withdrawal may not be retract...
dismissed
EB-2
Unknown
The appeal was dismissed (rejected) because it was filed one day late. The decision was issued on January 16, 2008, making the appeal due wi...
Timely Filing Of An Appeal (8 C.F.R. § 103.3(A)(2)(I)) Treating An Untimely Appeal As A Motion (8 C.F.R. § 103.3(A)(2)(V)(B)(2)) Requirements For A Motion To Reopen (8 C.F.R. § 103.5(A)(2)) Requirements For A Motion To Reconsider (8 C.F.R. § 103.5(A)(3))
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