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 11 of 50
dismissed
H-1B
Healthcare Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualified as a special...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel formally withdrew the appeal via a facsimile message. The decision was based solel...
dismissed
H-1B
Banking
The AAO agreed with the petitioner's legal argument that time spent outside the U.S. can be recaptured to extend the six-year H-1B limit, di...
Six-Year Maximum Stay Recapture Of Time Spent Abroad
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of accountant qualifies as a specialty occup...
Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry In Parallel Positions Employer Normally Requires A Degree Or Equivalent For The Position Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Retail Business
The appeal was dismissed because the petitioner, an operator of gas stations and car washes, failed to establish that the proffered position...
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 beneficiary was ineligible for an H-1B extension beyond the six-year limit under AC21. The request was ...
H-1B Six-Year Limit Ac21 Extension Beyond Six Years 365-Day Rule For Ac21 Ineffective Assistance Of Counsel
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
Business Operations
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 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 petitioner, a Montessori school, failed to establish that the position of preschool teacher qualifies a...
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
Unknown
The appeal was dismissed because the petitioner's counsel formally withdrew the appeal. The decision was purely procedural and did not addre...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small spa and fitness center, failed to establish that the proffered accountant position ...
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
Healthcare
The appeal was dismissed because the AAO agreed with the director that the proffered position did not qualify as a specialty occupation. The...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Specialty Occupation
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 Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity Of Duties Requiring A Degree
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'utilization review coordinator' qualifie...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of real estate manager qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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 Beneficiary'S Qualifications To Perform Services In A Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter requesting that the appeal be withdrawn. The decision is based solely on ...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to prove the proffered accountant position qualified as a specialty occupation. The 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 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
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 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
Medical Technology
The appeal was dismissed because the petitioner failed to establish that the proffered medical technologist position qualifies as a specialt...
Normal Degree Requirement For Position Common Industry Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
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 Common Industry Degree Requirement Or Unique/Complex Position Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner, a small clothing manufacturer, failed to establish that the proffered position of Market Re...
Specialty Occupation Definition Minimum Degree Requirement Industry Standard For Position Complexity Of Specific Duties
remanded
H-1B
Information Technology
The director denied the petition for failing to establish that the petitioner was the beneficiary's employer or agent, primarily because the...
Specialty Occupation Definition Employer-Employee Relationship Agent Definition Lca Compliance Beneficiary Qualifications
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO therefore dismissed the appeal based upon the ...
Withdrawal Of Appeal
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered 'health services coordinator' position qualifies as a...
Normal Minimum Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered position of a critical care nurse qualified as a spec...
Specialty Occupation Beneficiary Qualifications (Licensure)
dismissed
H-1B
Insurance
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation Beneficiary Qualifications Degree Equivalency
dismissed
H-1B
Transportation
The appeal was dismissed because the petitioner failed to establish that the proffered position of Transportation Manager qualifies as a spe...
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
dismissed
H-1B
Furniture Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'furniture designer' qualifies as a speci...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex Requiring A Degree
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner, a restaurant, failed to establish that the proffered position of executive chef qualifies a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to prove that the proffered position of marketing manager 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 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
Financial Services
The motion to reopen or reconsider was dismissed on procedural grounds. The petitioner stated that additional evidence would be submitted at...
Specialty Occupation Motion To Reopen/Reconsider Requirements
dismissed
H-1B
Law
The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined the appeal was improperly filed because the...
Specialty Occupation Standing To Appeal / Improper Filing
remanded
H-1B
Unknown
The Administrative Appeals Office (AAO) reopened the matter on its own motion after a prior appeal was rejected. The purpose of the reopenin...
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'copy and newsletter writer' 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 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
Elderly Care
The appeal was dismissed because the petitioner, an elderly home facility, failed to establish that the proffered position of marketing anal...
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 Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Journalism
The appeal was dismissed because the petitioner failed to establish that the proffered journalist/writer position qualified as a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties 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
Health Services
The AAO determined that the proffered position of health services analyst was equivalent to a health services manager. For a facility of the...
Specialty Occupation Definition Beneficiary Qualifications Degree Requirement Industry Standard
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial analyst qualifies as a specialt...
Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or The 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
Budget Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered Budget Analyst position qualified as a specialty occu...
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
remanded
H-1B
Marketing Research
The director's denial was withdrawn and the petition was remanded. The AAO found that the petitioner did successfully establish that the pro...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of an assistant teacher qualifies as a speci...
A Baccalaureate Or Higher Degree Or Its Equivalent Is The Normal 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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
remanded
H-1B
E-Commerce
The director denied the petition, believing it was a new H-1B subject to the annual numerical cap, which had been reached. The AAO found tha...
H-1B Numerical Cap/Exemption Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Laboratory Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'high complexity testing personnel' quali...
Normal Degree Requirement For Position Common Degree Requirement For Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO's d...
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter requesting that the appeal be withdrawn. The AAO did not conduct a substa...
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 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
remanded
H-1B
Accounting
The director's decision was withdrawn and the petition remanded. The AAO found that the proffered position of auditor 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, 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
Budget Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered budget analyst position qualifies as a specialty occu...
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.
remanded
H-1B
Information Technology
The director denied the petition, concluding the petitioner failed to establish it was the beneficiary's employer by not providing end-clien...
Employer-Employee Relationship Agent Relationship Lca Compliance Specialty Occupation
dismissed
H-1B
Law
The appeal was rejected because it was improperly filed by the beneficiary's representative instead of the petitioner. According to regulati...
Improper Filing Standing To Appeal
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner, a small clothing company, failed to establish that the proffered market research analyst po...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter requesting that the appeal be withdrawn. The Administrative Appeals Offic...
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered position of a critical care nurse qualifies as a spec...
Specialty Occupation Beneficiary Qualifications Licensure Requirement
dismissed
H-1B
Insurance
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation Beneficiary Qualifications Degree Equivalency
dismissed
H-1B
Furniture Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of furniture designer 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 The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Transportation
The appeal was dismissed because the petitioner failed to establish that the proffered position of transportation manager qualifies as a spe...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business
The appeal was summarily dismissed for procedural reasons, as the petitioner failed to specifically identify any erroneous conclusion of law...
Failure To Identify Specific Error Of Law Or Fact On Appeal (8 C.F.R. § 103.3(A)(1)(V)) Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner, an Indian restaurant, failed to establish that the proffered position of executive chef qua...
Normal Degree Requirement For Position Industry Norm Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Marketing
The AAO found that the proffered position of marketing research analyst qualifies as a specialty occupation, disagreeing with the director's...
Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer'S Past Hiring Practice For The Position Specialized And Complex Nature Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Financial Services
The motion to reopen or reconsider was dismissed on procedural grounds. The petitioner stated that additional evidence would be submitted at...
Specialty Occupation Motion To Reopen/Reconsider Filing Requirements
remanded
H-1B
Unknown
The AAO is reopening the case on its own motion after a previous appeal was rejected. The purpose of this action is to enter a new decision ...
Reopening On Motion
dismissed
H-1B
Copywriting
The appeal was dismissed because the petitioner failed to establish that the proffered position of copy and newsletter writer 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 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 Engineering
The appeal was dismissed because the Labor Condition Application (LCA) for the new employment location was certified after the petition was ...
Lca Certification Prior To Filing Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, an elderly home facility, failed to establish that the proffered marketing analyst position...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Chiropractic Medicine
The director initially denied the petition, concluding that the beneficiary, as a graduate of a foreign medical school, was ineligible for H...
Foreign Medical Graduate Restrictions Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of purchasing agent qualifies as a specialty...
Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Beneficiary Qualifications (8 C.F.R. § 214.2(H)(4)(Iii)(C))
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation. An expe...
Beneficiary Qualifications Experience Equivalent To Degree Specialty Occupation
sustained
H-1B
Construction
The director denied the petition, concluding the 'project engineer' role was akin to a construction manager, which does not normally require...
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 failed to establish that the proffered position of health services coordinator 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
remanded
H-1B
Accounting
The AAO reopened the case following a federal lawsuit and issued a request for evidence. The previous denial and appeal dismissal were based...
Specialty Occupation Specialized And Complex Duties Industry Norm For Degree Requirement Petitioner'S Normal Hiring Practices
remanded
H-1B
Dentistry
The director's denial was remanded because the AAO found the proposed 'dental specialist' position qualified as a specialty occupation. 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, 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
sustained
H-1B
Accounting
The director initially denied the petition, concluding that many of the listed duties were those of a bookkeeper rather than an accountant, ...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Oriental Carpeting
The appeal was dismissed because the petitioner failed to establish that the proffered position of product development manager qualifies as ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to prove that the proffered part-time accountant position qualifies as a specialty oc...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specialized And Complex Duties Associated With A Degree
sustained
H-1B
Accounting
The director initially denied the petition because the petitioner failed to adequately respond to a Request for Evidence (RFE) concerning it...
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
sustained
H-1B
Medical Research
The appeal was sustained because the AAO found that the proffered position of medical researcher met the criteria for a specialty occupation...
Specialty Occupation Definition 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 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 Beneficiary'S Qualifications
sustained
H-1B
Accounting
The appeal was sustained because the AAO disagreed with the director's finding that the proffered position did not qualify 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 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
sustained
H-1B
Finance
The director denied the petition, concluding that the proffered position of financial specialist did not qualify as a specialty occupation. ...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry In Parallel Positions Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Business Development
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or evidence identifying a specific error o...
Failure To Identify Specific Error In Appeal Specialty Occupation Definition
sustained
H-1B
Accounting
The director denied the petition on the basis that the proffered accountant position did not qualify as a specialty occupation. The AAO sust...
Normal Degree Requirement For The Position Industry Standard For Degree Requirement Employer'S History Of Requiring A Degree Specialized And Complex Nature Of Duties
dismissed
H-1B
Business
The appeal was dismissed because the petitioner failed to establish that the proffered Budget Analyst position qualifies as a specialty occu...
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
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 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
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 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
sustained
H-1B
Accounting
The director denied the petition, arguing the proffered accountant position did not qualify as a specialty occupation because its duties res...
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
Construction Materials Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst 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 Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of a specialty ...
Beneficiary Qualifications Specialty Occupation Education Equivalency Experience Equivalency 8 C.F.R. 214.2(H)(4)(Iii)(C) 8 C.F.R. 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'assistant teacher' qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Only Be Performed 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
Financial Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial analyst qualifies as a specialt...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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 prove that the proffered accountant position qualifies as a specialty occupation. ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Journalism
The appeal was dismissed because the petitioner failed to establish that the proffered journalist/writer position qualified as a specialty o...
Normal Minimum Requirement For The Position Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry In Parallel Positions Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Laboratory Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'high complexity testing personnel' 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 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
Unknown
The appeal was dismissed because counsel for the petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO's...
Withdrawal Of Appeal
remanded
H-1B
Accounting
The AAO reopened the matter after the petitioner filed a complaint in U.S. District Court. The case was previously dismissed because the des...
Nature Of The Duties (Specialized And Complex) Common Industry Practice Petitioner'S Prior Hiring Practices Normal Degree Requirement For The Position
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a party supply and rental business, failed to demonstrate that the proffered accountant pos...
Normal Minimum Requirement Of A Bachelor'S Degree 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 Specific Duties Is So Specialized And Complex
remanded
H-1B
Dentistry
The director denied the petition, concluding the 'dental specialist' position did not qualify as a specialty occupation. The AAO found that ...
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
sustained
H-1B
Finance / Accounting
The director initially denied the petition, arguing the proffered 'financial specialist' position was not a specialty occupation. The AAO su...
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
sustained
H-1B
Accounting
The director denied the petition, concluding that the proffered duties were those of a bookkeeper, not an accountant, and thus not 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, 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
sustained
H-1B
Accounting
The appeal was sustained because the AAO determined that the proffered accountant position qualifies as a specialty occupation, overturning ...
Degree Is Normal Minimum Requirement Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Construction Materials Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualifies as a sp...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
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