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)
4985 total decisions
Page 1 of 50
dismissed
H-1B
Education
The appeal was summarily dismissed for procedural reasons. The petitioner's counsel failed to specifically identify any erroneous conclusion...
International Cultural Exchange Program Program Accessible To The Public Sharing Of History, Culture, And Traditions Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact On Appeal
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner, a start-up company, had not yet established the retail food store enterprise that would gen...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position'S Complexity Employer'S Normal Requirement Of A Degree For The Position Specialized And Complex Nature Of The Specific Duties
dismissed
H-1B
Respiratory Therapy
The appeal was dismissed because the beneficiary was not qualified for the position as they lacked the required state license to practice as...
State Licensure Specialty Occupation
dismissed
H-1B
Systems Analysis
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be performing the duties of a specialty occup...
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. Existence Of An Employer-Employee Relationship.
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required teaching license for the s...
Beneficiary Qualifications Licensure
sustained
H-1B
Medical Research
The director initially denied the petition because the petitioner had not demonstrated that the beneficiary was qualified to perform the spe...
Beneficiary'S Qualifications Specialty Occupation Position Foreign Degree Equivalency
dismissed
H-1B
Architecture
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the American Competi...
Ac21 Extension Beyond 6-Year Limit Maintenance Of H-1B Status Pending Labor Certification For 365 Days Section 214(G)(4) Of The Act
dismissed
H-1B
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualified as a specialty ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Education Administration
The appeal was summarily dismissed because the petitioner failed to state a basis for the appeal as required. The petitioner indicated they ...
Failure To State Basis For Appeal Specialty Occupation H-1B Cap Exemption
dismissed
H-1B
Education
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year maximum. The petitioner failed t...
H-1B Six-Year Limit Ac21 Extension (365-Day Rule) Ac21 Extension (Per-Country Limits)
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Distribution & Logistics Manager' qualif...
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 Director denied the petition, and the appeal was dismissed, because the petitioner did not establish two key requirements. First, the pe...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Software
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary had already exhausted the max...
Maximum Period Of Stay Six-Year Limit For H-1B Ina § 214(G)(4) 8 C.F.R. § 214.2(H)(13)(Iii)(A)
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner, a hospital, failed to prove it was exempt from the annual H-1B numerical cap. The petitione...
H-1B Cap Exemption Specialty Occupation
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered "Senior Consultant" position qualifies as a specialty...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Employer-Employee Relationship
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered 'Sous Chef' position qualifies as a specialty occupat...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'Marketing and Promotion Manager' position 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 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 establish that the proffered 'programmer analyst' position qualifies as a specialt...
Specialty Occupation Beneficiary Qualifications Employer-Employee Relationship
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that it would qualify as a U.S. employer by maintaining an employer-empl...
Employer-Employee Relationship
dismissed
H-1B
Sports Facility
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Director of' qualifies as a specialty oc...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'Software Engineer' position qualifies as a specialty...
Specialty Occupation Sufficient Work Employer-Employee Relationship
dismissed
H-1B
Education
The appeal, filed as a combined motion to reopen and reconsider, was dismissed for not meeting procedural requirements. The AAO noted that e...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to prove that the proffered position of Logistics Analyst qualifies as a specialty oc...
Specialty Occupation
dismissed
H-1B
Systems Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of Systems Analyst qualifies as a specialty ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Healthcare Staffing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Quality Assurance Manager' qualifies as ...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Software Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
A Baccalaureate Or Higher Degree 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 director denied the petition, finding the petitioner failed to establish that it would employ the beneficiary in a specialty occupation ...
Specialty Occupation Availability Of Work Employer-Employee Relationship
dismissed
H-1B
Healthcare Management
The appeal was dismissed because the petitioner, a residential care facility for the elderly, failed to establish that the proffered 'Operat...
Specialty Occupation
dismissed
H-1B
Graphic Design
The appeal was dismissed because the petitioner failed to establish that the proffered 'Graphic Designer' position qualifies as a specialty ...
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
Software Development
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the benefic...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. Specifically, the evidence did not dem...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the director properly revoked the petition's approval. The petitioner failed to provide sufficient evidence...
H-1B Cap Exemption (U.S. Master'S Degree) Grounds For Revocation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'SAP Analyst' 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 The Position Is So Complex Or Unique That It Requires 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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'Software Engineer' position qualifies as a specialty...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Sports Coaching
The appeal was dismissed because the petitioner, a soccer academy, failed to establish that the proffered position of Director of Coaching 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 Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Aircraft Engineering
The appeal was dismissed because the matter was deemed moot. After the director revoked the petition for failing to pay the beneficiary the ...
Wage Requirements Mootness
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to respond to a Request for Evidence (RFE) issued by the director after the case was ...
Specialty Occupation Labor Condition Application (Lca) Failure To Respond To Rfe
dismissed
H-1B
Automotive Repair
The appeal was dismissed because the petitioner, an automotive repair business, failed to establish that the proffered position qualified as...
Specialty Occupation
remanded
H-1B
Unknown
The appeal was remanded because the director's decision to revoke the petition was based on the petitioner's failure to respond to a Notice ...
Notice Of Intent To Revoke Proper Service Of Notice
dismissed
H-1B
Hospitality
The appeal was dismissed because the petitioner failed to establish that the proffered position of Director of Operations for a fast food bu...
Specialty Occupation Requirement Bachelor'S Degree Requirement
dismissed
H-1B
Landscape/Horticulture
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'horticulturist' qualifies as a specialty...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Culinary Arts
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Maintenance Of Status Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Employer-Employee Relationship Specialty Occupation Availability Of Work For The Duration Of The Requested Validity Period
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'senior software engineer' position qualifies as a ...
Normal Degree Requirement For Position Industry Standard For Similar Positions Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
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
Pharmaceutical Research
The appeal was dismissed because the petitioner, a one-employee research and development company, failed to establish that the proffered 'Bu...
Specialty Occupation
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Healthcare Compliance Manager' qualifies...
Specialty Occupation Bachelor'S Degree Requirement
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner, a food court/market, failed to establish that the proffered position of 'training and devel...
Specialty Occupation
dismissed
H-1B
Software Development & It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'Systems Analyst' position qualifies as a specialty o...
Specialty Occupation Sufficient Work Employer-Employee Relationship
sustained
H-1B
Graphic Design
The director initially denied the petition, finding the petitioner failed to establish that the proffered graphic designer role was a specia...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Structural Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'cost estimator' qualifies as a special...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Neurotherapy
The appeal was dismissed because the petitioner failed to establish that the proffered 'neurotherapist' position qualifies as a specialty oc...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Associated With A Degree
remanded
H-1B
Horticulture
The AAO found that the director's decision to revoke the previously approved petition lacked a sufficient explanation. The director's revoca...
Specialty Occupation Labor Condition Application (Lca) Employee-Employer Relationship Termination Of Employment
dismissed
H-1B
Computer Software Development
The appeal was dismissed because the petitioner failed to establish that it qualifies as a 'United States employer' by demonstrating it woul...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish eligibility on multiple grounds. The director found, and the AAO agreed,...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
dismissed
H-1B
Technology Sales
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'sales manager' position qualifies as a specialty o...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Construction
The appeal of the director's decision to dismiss a motion to reopen/reconsider was dismissed. The AAO found that the petitioner failed to me...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'International Business Analyst' 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 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 it qualifies as a 'United States employer' under the regulations. S...
United States Employer Employer-Employee Relationship Right To Control Work
remanded
H-1B
Information Technology
The appeal was remanded because the petitioner failed to establish that the proffered 'systems analyst' position qualifies as a specialty oc...
Specialty Occupation Requirement For A Degree In A Specific Specialty Employer-Employee Relationship Complexity And Specificity Of Job Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the record did not establish that the proffered 'Programmer Analyst' position qualifies as a specialty occu...
Specialty Occupation Requirements Beneficiary Qualifications
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to respond to a notice from the AAO. The notice requested evidence regarding signific...
Specialty Occupation Failure To Respond To Request For Evidence Signature Validity
dismissed
H-1B
Software Development
The Director's denial was upheld because the petitioner failed to establish two key requirements. First, it did not prove it would maintain ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
It And Software Development
The appeal was dismissed because the petitioner failed to respond to an AAO notice requesting evidence within the required time frame. The A...
Specialty Occupation Valid Labor Condition Application Abandonment Failure To Respond To Notice
sustained
H-1B
Unknown
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation Employer'S Degree Requirement
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales engineer' position qualifies as a specialty oc...
Normal Degree Requirement For The Position Degree Requirement Is Common In The Industry / Position Is Complex Or Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Textile Science
The director denied the petition for failing to establish that the proffered position of 'Onsite Program Coordinator - Textiles and Apparel'...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that the proffered 'Software Engineer' po...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Restaurant Management
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Failure To Identify Specific Error Of Law Or Fact 8 C.F.R. § 103.3(A)(1)(V)
sustained
H-1B
Unknown
The Director initially denied the petition, concluding that the proffered position did not qualify as a specialty occupation. The AAO sustai...
Specialty Occupation Position'S Duties Are Specialized And Complex
dismissed
H-1B
Food Wholesale
The appeal was dismissed because the petitioner, a fresh fruit and vegetable wholesaler, failed to establish that the proffered 'Logistics A...
Specialty Occupation
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to respond to the Administrative Appeals Office's Request for Evidence (RFE). As a re...
Specialty Occupation Failure To Respond To Rfe Abandonment
dismissed
H-1B
Computer Services
The appeal was dismissed because the petitioner sought an exemption from the H-1B numerical cap based on the beneficiary holding a U.S. mast...
H-1B Master'S Cap Exemption Definition Of U.S. Institution Of Higher Education
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered "Business Development Specialist" position qualifie...
Specialty Occupation
dismissed
H-1B
Business
The appeal was dismissed because the petitioner failed to establish that the proffered 'Consultant' position at an office supply company qua...
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
Unknown
The petitioner's counsel requested to withdraw the H-1B petition after the director had already issued a decision. Although regulations prec...
Withdrawal Of Petition Mootness
dismissed
H-1B
Finance / Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'Financial Analyst' position qualifies as a specialty...
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 Nature Of Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove it qualified as a 'United States employer' and that the proffered position w...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Hospitality
The appeal was dismissed because the matter was considered moot. The beneficiary had already been approved for H-1B status through a differe...
Specialty Occupation Mootness
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner failed to establish that the proffered position of "international client relations associate...
Normal Degree Requirement Industry Commonality Employer'S Past Practice Specialized Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting company, failed to demonstrate that it met the definition of a U.S. employ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed job description to establish the proffered positio...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Systems Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the systems engineer position qualifies as a specialty occupation...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement Duties Are Specialized/Complex Requiring A Degree
remanded
H-1B
User Interface Design
The appeal was remanded because the record did not establish that the proffered position requires a bachelor's degree in a specific specialt...
Specialty Occupation Definition Bachelor'S Degree Or Equivalent As Minimum Requirement Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Lca Correspondence To The Petition
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'e-business architect' position qualifies as a spec...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Food Science
The appeal was dismissed because the petitioner, a delicatessen and grocery business, failed to establish that the proffered 'quality assura...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to demonstrate that the proffered Marketing Analyst position qualifies as a specialty...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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 it meets the regulatory definition of a United States employer. Spe...
Specialty Occupation Work Availability Beneficiary Qualifications Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The Directo...
Employer-Employee Relationship Beneficiary Qualifications
dismissed
H-1B
Communications
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'admissions office communication speciali...
Normal Degree Requirement For The Position Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an information technology firm, failed to establish a valid employer-employee relationship ...
Employer-Employee Relationship
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate it was a business in good standing at the time of filing, which raised...
Specialty Occupation Petitioner'S Good Standing Bona Fide Job Offer
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner did not establish that specialty occupation work would be available for the beneficiary for ...
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 Availability Of Specialty Occupation Work For The Beneficiary
remanded
H-1B
Logistics
The director's decision to revoke the petition was withdrawn and the case was remanded due to procedural errors. The AAO found that the Noti...
Specialty Occupation Definition Grounds For Revocation Payment Of Wages
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'computer programmer' position qualifies as a special...
Specialty Occupation Definition Availability Of Specialty Occupation Work Complexity Of Job Duties Specific Degree Requirement
dismissed
H-1B
Business Analysis
The motion to reopen was denied because the petitioner failed to provide new facts, instead repeating previously submitted assertions and jo...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. Evidence in...
Employer-Employee Relationship
dismissed
H-1B
Technology
The appeal was summarily dismissed because the petitioner failed to submit a brief or provide a statement identifying any specific erroneous...
Employer-Employee Relationship Failure To Identify Error On Appeal
dismissed
H-1B
Psychology
The appeal was dismissed as moot. The AAO found that the petitioner had subsequently filed a new petition for the same beneficiary, which wa...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'senior application developer' qualifies ...
Normal Degree Requirement For The Particular 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 Duties Are So Specialized And Complex They Require A Degree
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