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 10 of 50
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered Human Resources Manager position qualifies as a speci...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Complexity Of Position Employer'S Normal Hiring Requirement Specialized And Complex Nature Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Advertising
The appeal was dismissed because the petitioner failed to establish that the proffered position of advertising/promotions manager 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 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 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
Clinical Research
The appeal was dismissed because the petitioner, a staffing company, failed to establish that the proffered position of Clinical Research As...
Proffered Position Is A Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For The Position Industry-Common Degree Requirement Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner, a staffing company, failed to establish that the proffered computer programmer position qua...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Degree Is Normal Minimum Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Degree Is Common To The Industry Or Position Is Complex/Unique 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Duties Are Specialized And Complex
remanded
H-1B
Marketing/Translation
The appeal was remanded because the AAO disagreed with the director's reason for denial. The AAO found that the beneficiary was qualified fo...
Beneficiary Qualifications (8 C.F.R. § 214.2(H)(4)(Iii)(C)) Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Pharmacy
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was eligible for the H-1B classification. The pet...
State Licensure For A Specialty Occupation
dismissed
H-1B
Management Analysis
The appeal was dismissed because the petitioner, a small job placement agency, failed to establish that the proffered 'management analyst' p...
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 Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Medicine
The motion to reopen or reconsider was dismissed because it failed to meet the necessary requirements. The petitioner did not provide new fa...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Business Systems Analyst
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform the duties of a specialty o...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Work Experience Equivalency Three-For-One Rule Recognition Of Expertise
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the petitioner failed to establish that the proffered position of Medical Record Administrator qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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
Computer Science
The appeal was dismissed because the petitioner failed to establish that the computer programmer position qualifies as a specialty occupatio...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Position'S Complexity Or Uniqueness Requires A Degree Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, a bakery, failed to demonstrate that the proffered position of Account Manager qualified as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is The Normal Minimum Requirement For 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 The Knowledge Required To Perform Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive director qualifies as a special...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a used car dealer, failed to establish that the proffered accountant position qualifies as ...
Normal Minimum 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 Duties Is So Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Minimum Requirement Of A Baccalaureate Degree For The Position Nature Of Duties Is So Specialized And Complex That It Requires A Baccalaureate Degree
dismissed
H-1B
Language Instruction
The appeal was dismissed because the petitioner failed to establish that the proffered position of foreign language instructor qualifies as ...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of The Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Advertising
The appeal was dismissed because the petitioner failed to establish that the proffered position of advertising/promotions manager 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 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 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
Business Systems Analysis
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform services in a specialty occ...
Beneficiary'S Qualifications 8 Cfr 214.2(H)(4)(Iii)(C) 8 Cfr 214.2(H)(4)(Iii)(D) Equivalence To A U.S. Baccalaureate Degree Three-For-One Rule For Work Experience
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small used car dealership, failed to establish that the proffered accountant position qua...
Normal Degree Requirement For Position Degree Requirement Common To Industry Complexity Or Uniqueness Of The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of Systems Administrator qualifies as a spec...
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 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
Travel Agency
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager at a travel agency qua...
Normal Minimum Requirement Of A Bachelor'S Degree Position'S Complexity/Uniqueness Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Minimum Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Mechanical Engineering
The appeal was dismissed because the petitioner failed to resolve multiple inconsistencies in the record regarding its business address, num...
U.S. Employer Definition Specialty Occupation Definition Employer-Employee Relationship Normal Degree Requirement For Position Industry Standard Degree Requirement Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to prove that the proffered position of a part-time accountant qualified 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 The 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
Public Relations
The appeal was dismissed because the petitioner failed to prove that the proffered position of Public Relations Specialist qualifies as a sp...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of The Duties Is So Specialized And Complex
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, a bakery, failed to demonstrate that the proffered position of Account Manager qualified as...
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 Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered part-time accountant position qualified 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 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
Dietetics
The appeal was dismissed because the petitioner failed to establish that the proffered dietician position qualified as a specialty occupatio...
Normal Minimum Of A Bachelor'S Degree Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex Beneficiary'S Qualifications And Licensure
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of a Public Relations Specialist 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 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
Language Instruction
The appeal was dismissed because the petitioner failed to establish that the proffered position of a foreign language instructor qualifies a...
Normal Minimum Requirement For Position Common To Industry/Complex Position Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Nature Of The Duties Is Specialized And Complex
dismissed
H-1B
Travel And Tourism
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager at a travel agency qua...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Position'S Complexity Or Uniqueness Requires A Degree Nature Of Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it qualifies as a U.S. employer due to inconsistencies in the recor...
U.S. Employer Specialty Occupation
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, a small bicycle accessory distributor, failed to establish that the proffered 'marketing as...
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 The Duties Is So Specialized And Complex
dismissed
H-1B
Systems Administration
The appeal was dismissed because the petitioner failed to establish that the proffered systems administrator position qualified as a special...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'public relations specialist' qualifies a...
A Baccalaureate Or Higher Degree Is A 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 Duties Are So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
remanded
H-1B
Accounting
The director denied the petition, arguing the cost accountant role was not a specialty occupation. The AAO found that accountant positions g...
Specialty Occupation Definition Normal Degree Requirement For Position Beneficiary Qualifications Inconsistencies In The Record
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation of marke...
Beneficiary Qualifications For A Specialty Occupation Foreign Degree Equivalency Equivalency Based On Education And Experience Three-For-One Rule
dismissed
H-1B
Unknown
The petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO dismissed the appeal based on this w...
remanded
H-1B
Rehabilitation
The director denied the petition, concluding that the proposed 'rehabilitation specialist' position did not qualify as a specialty occupatio...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a private preschool, failed to demonstrate that the proffered position of a teacher qualifi...
Normal Minimum Requirement For The Position Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Financial Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualifies as a special...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the AAO determined the proposed position's duties did not align with those of a professional accountant, bu...
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 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
Travel Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations manager' position is a specialty occupati...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique 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 position qualifies as a specialty occupati...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Complexity Of The Specific Duties
dismissed
H-1B
Real Estate
The motion to reopen or reconsider was dismissed because it failed to meet the applicable requirements. The petitioner did not present new f...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial specialist 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 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
The appeal was dismissed because the beneficiary was not in valid H-1B status at the time the petition was filed, as their authorized six-ye...
Ac21 Extension Eligibility 365-Day Pending I-140/Labor Certification Maintenance Of Status Timely Filing Of Extension
dismissed
H-1B
Interior Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of interior design consultant qualifies as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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 Whether The Position Meets The Definition Of A Specialty Occupation Under 8 C.F.R. 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to submit the required certified Labor Condition Application (LCA) with the initial f...
Submission Of Certified Labor Condition Application (Lca)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of programmer analyst qualified as a special...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager 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 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
Public Relations
The appeal was dismissed because the petitioner, a restaurant and bar, failed to establish that the proposed Public Relations Manager positi...
Normal Degree Requirement For The Position Industry Standard Or Position Complexity/Uniqueness Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Computer Science
The director initially denied the petition because the proffered 'network analyst' position was not deemed a specialty occupation. The appea...
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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research specialist qualified as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualified as a specialty occupati...
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 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
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the proffered operations manager position qualifies as a specialty ...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position The Nature Of The Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'account manager for purchasing' 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 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
Media Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered sales manager position qualifies as 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 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 submitted a letter to the AAO on June 21, 2005, requesting that the appeal be withdrawn. The AAO dismissed the appe...
remanded
H-1B
Dentistry
The director's denial, based on the position not being a specialty occupation, was withdrawn. The AAO found that the position's duties, whic...
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
Purchasing
The appeal was dismissed because the petitioner failed to establish that the proffered position of purchasing analyst qualifies as a special...
Normal Degree Requirement For Position Common Degree Requirement In Industry 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 position qualified as a specialty occupation. The AAO...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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 Beneficiary'S Qualifications To Perform Services In A Specialty Occupation
dismissed
H-1B
Pharmacy
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Specialty Occupation Summary Dismissal
dismissed
H-1B
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of a management and operations analyst quali...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the AAO determined the proposed position did not qualify as a specialty occupation. Although the position w...
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
Healthcare
The appeal was dismissed because the petitioner, a skilled nursing facility, failed to establish that the proposed position of 'activity dir...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Requirement For A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Export Management
The appeal was summarily dismissed on procedural grounds. Counsel failed to specify any erroneous conclusion of law or statement of fact fro...
Specialty Occupation Failure To State Grounds For Appeal
dismissed
H-1B
Market Research
The appeal was dismissed because the beneficiary was found unqualified for the specialty occupation of a market research analyst. The AAO de...
Possession Of A U.S. Degree Possession Of A Foreign Degree Equivalent Possession Of A State License Possession Of Equivalent Education/Experience
dismissed
H-1B
Technical Writing
The appeal was dismissed because the petitioner, a federal contractor, failed to establish that the proffered position of technical writer q...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Financial Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'financial services bidding analyst' quali...
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
Computer Science
The appeal was dismissed because the petitioner, a manufacturer of bags and shoes, failed to establish that the proposed position of compute...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
remanded
H-1B
Dentistry
The director denied the petition, concluding the position of 'dental specialist/researcher' was akin to a medical records technician, which ...
Specialty Occupation Definition Normal Minimum Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Common To The Industry Whether Duties Are So Specialized And Complex To Require A Degree
remanded
H-1B
Veterinary Medicine
The director denied the petition, finding that the position of a senior veterinary technician was not a specialty occupation because the Occ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial specialist 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 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
Computer Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer engineer bidding analyst' quali...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Real Estate
The appeal was dismissed because the AAO determined the proffered position did not qualify as a specialty occupation. The AAO found that the...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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 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
The appeal was dismissed because the beneficiary was not in valid H-1B status when the extension petition was filed, as the six-year maximum...
Ac21 Extension Beyond 6-Year Limit Pending Labor Certification Or I-140 For 365+ Days Maintenance Of Valid Status For Extension
dismissed
H-1B
Internet Technology
The AAO found that the petitioner did qualify as the beneficiary's employer, disagreeing with one of the director's grounds for denial. Howe...
Employer-Employee Relationship Specialty Occupation Baccalaureate Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex Employer Normally Requires A Degree Nature Of Duties Is Specialized And Complex
dismissed
H-1B
Travel Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations manager' position qualified as a specialt...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small Greek specialty foods business, failed to establish that the proffered accountant p...
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 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
Real Estate
The motion to reopen or reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present new f...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) with the initial filing or in...
Submission Of Certified Labor Condition Application (Lca) Eligibility At Time Of Filing Submission Of Evidence On Appeal
sustained
H-1B
Computer Science
The director initially denied the petition, finding that the proffered network analyst position was not a specialty occupation. The appeal w...
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
Interior Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'interior design consultant' qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical assistant 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. 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 Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'operations manager' qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Medical Diagnostics
The appeal was dismissed because the petitioner failed to establish that the proffered position of Medical Records Administrator qualified a...
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Healthcare Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management 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 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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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 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
Food Import/Export
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence to support the appeal. Counsel did not specif...
Specialty Occupation Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Banking
Although the AAO agreed with the petitioner that time spent outside the U.S. can be recaptured to extend the six-year H-1B limit, the appeal...
Six-Year Limit On H-1B Status Recapture Of Time Spent Abroad Burden Of Proof Evidentiary Requirements For Time Abroad
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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 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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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 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
Gas Station/Retail
The appeal was dismissed because the petitioner, an owner of gas stations and car washes, failed to establish that the proffered position of...
Normal Degree Requirement For Position Industry Standard Or Unique/Complex Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the AC21 Act. The la...
Ac21 Seventh-Year Extension 365-Day Pending Labor Certification Rule Ineffective Assistance Of Counsel
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of Medical Assistant qualifies as a specialt...
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
Petroleum Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'manager of operations' qualifies as a sp...
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 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
Medical Diagnostics
The appeal was dismissed because the petitioner failed to establish that the proffered position of Medical Records Administrator 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 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
Food Import/Export
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence after filing the notice of appeal. Counsel fa...
Specialty Occupation Failure To Identify Error On Appeal
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