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 12 of 50
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 ...
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
Accounting
The director denied the petition, arguing the proffered accountant position did not require a degree and was primarily clerical. On appeal, ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position.
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...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
sustained
H-1B
Medical Research
The director denied the petition because the proffered 'medical researcher' position did not qualify as a specialty occupation. The AAO sust...
Normal Degree Requirement For The Position Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to prove that the proposed 'budget accountant' 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
sustained
H-1B
Accounting
The director initially denied the petition, finding that the proffered accountant position did not qualify as a specialty occupation. The di...
Normal Degree Requirement For The Position Industry Standard Or Complexity Of The Position Employer'S Normal Degree Requirement Specialized And Complex Duties
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
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 Are 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
Construction Engineering
The director initially denied the petition, concluding the proffered 'project engineer' position was not a specialty occupation because a re...
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
Diamond Wholesale
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'buyer' for a diamond wholesaler qualifies...
Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Social Service
The motion to reopen or reconsider was dismissed because the petitioner failed to meet the requirements. The motion to reopen was denied as ...
Beneficiary Qualifications
dismissed
H-1B
Dietary Supplements
The appeal was dismissed because the petitioner failed to establish that the proffered position of customer service supervisor qualifies as ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Automobile Repair
The appeal was dismissed because the petitioner, an automobile repair facility, failed to establish that the proposed 'computer information ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of an accounting and billing supervisor qual...
Normal Degree Requirement For The Position Industry-Common Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to prove that the proffered position of Purchasing Director qualifies as a specialty ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Physical Fitness
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'physical fitness instructor' qualifies as...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Diesel Mechanics
The appeal was dismissed because the petitioner failed to establish that the position of 'Class A Diesel Mechanic' qualifies as a specialty ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Beneficiary'S Qualifications
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proposed accountant position qualified as a specialty occupatio...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the AAO found that the petitioner failed to establish that the proposed position qualifies as a specialty o...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
remanded
H-1B
Education
The appeal was remanded because the AAO found the director erred in denying the petition based on the beneficiary's qualifications. The AAO ...
Beneficiary Qualifications Degree Equivalency Through Experience Specialty Occupation Position Requirements
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree Nature Of Duties Is So Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a veterinary clinic, failed to demonstrate that the proposed accountant 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 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 found that the director erred in concluding the proffered accountant position was not a specialty occupation, citing the Occupationa...
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 The Duties Of A Specialty Occupation
dismissed
H-1B
Database Administration
The appeal was dismissed because the petitioner failed to establish that the proffered Database Administrator position 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, In The Alternative, 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
Dentistry
The appeal was dismissed because the petitioner, a dental office, failed to establish that the proffered 'administrator' position qualifies ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Gem Imports And Sales
The appeal was dismissed because the petitioner failed to establish that the proposed marketing manager position 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
Residential Care
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualifies as a special...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
remanded
H-1B
Custodial Services
The director denied the petition because the beneficiary's degree was unrelated to the position. The AAO found that while the beneficiary wa...
Beneficiary'S Qualifications Specialty Occupation Requirements
dismissed
H-1B
Dietary Supplements
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of customer service supervisor qualifies a...
Degree Is Normal Minimum Requirement Degree Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
remanded
H-1B
Education
The director initially denied the petition because the beneficiary's education was deemed unrelated to the proffered position of senior admi...
Beneficiary'S Qualifications For A Specialty Occupation Position'S Qualification As A Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Diamond Wholesale
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'buyer' qualifies as a specialty occupatio...
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex
dismissed
H-1B
Social Service
The motion to reopen or reconsider was dismissed because it failed to meet the regulatory requirements. The motion to reopen did not present...
Beneficiary Qualifications
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner, a staffing company, failed to establish that the proffered position of financial analyst qu...
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 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
Nursing
The appeal was dismissed because the petitioner, a hospital, failed to establish that the proffered position of a registered nurse 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
Computer Science
The appeal was dismissed because the petitioner, a staffing company, failed to establish that the proffered position of computer programmer ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specialized And Complex Duties
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...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
remanded
H-1B
Education
The AAO found that the beneficiary was qualified to perform the duties of a specialty occupation, overturning the director's finding. The de...
Beneficiary'S Qualifications Degree Equivalence Through Education And Experience Specialty Occupation Position
dismissed
H-1B
Accounting
The appeal was dismissed because the AAO determined that the proposed duties did not align with those of a professional accountant, which is...
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
Physical Fitness
The appeal was dismissed because the petitioner failed to prove that the proposed position of physical fitness instructor qualifies as a spe...
Normal Minimum Requirement Of A Bachelor'S Degree 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 Are Usually Associated With A Bachelor'S Degree
dismissed
H-1B
Healthcare Management
The appeal was dismissed because the proffered position of management analyst was not found to be a specialty occupation. The AAO determined...
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
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of Human Resources Manager qualifies as a sp...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner, a hospital, failed to establish that the proffered position of an operating room nurse qual...
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 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 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
Pharmacy
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the specialty occupation of a pharmacist. ...
State Licensure Requirement
dismissed
H-1B
Diesel Mechanics
The appeal was dismissed because the petitioner failed to prove that the position of Class A Diesel Mechanic qualifies as a specialty occupa...
Normal Minimum Requirement For The Position Is A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry In Parallel Positions
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proposed position qualifies as a specialty occupation. While th...
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 proffered Database Administrator position qualifies as a specia...
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 AAO concluded that the proposed position did not qualify as a specialty occupation. Although the petiti...
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
Dental Administration
The appeal was dismissed because the petitioner, a dental office, failed to establish that the proffered position of an Administrator 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 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
Biomedical Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'project manager/international consulta...
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
Computer Programming
The appeal was dismissed because the beneficiary did not qualify to perform the duties of a specialty occupation. The AAO found that the ben...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Work Experience Equivalency To A Degree Qualifications For A Specialty Occupation
remanded
H-1B
Marketing / Translation
The director's decision was withdrawn and the case remanded. The AAO found that the director erred in determining the beneficiary was unqual...
Beneficiary Qualifications Specialty Occupation
remanded
H-1B
Accounting
The AAO agreed that the accountant position qualifies as a specialty occupation, as its complex duties require a bachelor's degree, contrary...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Are Specialized And Complex Beneficiary'S Qualifications
dismissed
H-1B
Gem Imports And Sales
The appeal was dismissed because the petitioner failed to establish that the proposed marketing manager position qualifies as a specialty oc...
Normal Minimum Degree Requirement Degree Common To The Industry
dismissed
H-1B
Federal Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of laboratory equipment bidding analyst qual...
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
Personal Care Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'administrative assistant' qualifies as a...
Normal Minimum Degree Requirement Degree Requirement Common To Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Restaurant
The appeal was dismissed because the petitioner, a small Subway restaurant, failed to establish that the proffered financial analyst role qu...
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
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered software engineer position qualified as a specialty o...
Position Qualifies As A Specialty Occupation Beneficiary'S Qualifications For A Specialty Occupation
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proposed 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 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
Healthcare Staffing
The appeal was dismissed because the petitioner, a staffing agency, failed to establish that the proffered 'quality assurance coordinator' p...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the beneficiary was found not qualified to perform the duties of a specialty occupation. The submitted eval...
Beneficiary'S Qualifications For A Specialty Occupation Equivalency Of Foreign Degree Equivalency Of Education And Experience To A U.S. Bachelor'S Degree 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Construction
The appeal was dismissed because the petitioner, a federal contractor, failed to establish that the proffered position of 'construction and ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'budget accountant' 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 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
Biomedical Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'project manager/international consultant...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Healthcare
The AAO determined that the proffered position of health services manager qualifies as a specialty occupation, likely requiring a master's d...
8 C.F.R. § 214.2(H)(4)(Iii)(A) - Specialty Occupation Position 8 C.F.R. § 214.2(H)(4)(Iii)(C) - Beneficiary Qualifications
dismissed
H-1B
Federal Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'laboratory equipment bidding analyst' qu...
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
Personal Care Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of Administrative Assistant qualifies as a s...
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 Duties Are So Specialized And Complex As To Require A 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 o...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex Beneficiary'S Qualifications
dismissed
H-1B
Healthcare Staffing
The appeal was dismissed because the petitioner, a staffing agency, failed to establish that the proffered position of 'quality assurance co...
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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Finance
The appeal was dismissed because the AAO concluded that the proffered position did not qualify as a specialty occupation. Despite the title ...
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
Federal Contracting
The appeal was dismissed because the petitioner, a federal contractor, failed to establish that the proffered position of 'construction and ...
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
remanded
H-1B
E-Commerce
The director denied the petition because the H-1B numerical cap for the fiscal year had been reached. The AAO found that since the beneficia...
H-1B Numerical Cap Extension Of Status Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Auditing
The AAO found that the proffered auditor position qualified as a specialty occupation, disagreeing with the director's denial. The AAO deter...
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
Finance
The appeal was dismissed because the petitioner, a small Subway sandwich restaurant, failed to demonstrate that the proposed financial analy...
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
Automobile Maintenance And Repair
The appeal was dismissed because the petitioner, an auto repair facility, failed to establish that the proposed position of computer informa...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accounting and billing supervisor' 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 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
Hospitality
The appeal was dismissed because the petitioner failed to establish that the proffered position of purchasing director 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 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 the proffered position of 'systems/program analyst' 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, 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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would actually perform work in the proffered specia...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Fashion Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of a specialty ...
Beneficiary Qualifications Degree Equivalency Work Experience Evaluation Progressively Responsible Experience Three-For-One Rule
remanded
H-1B
Auditing
The director denied the petition, asserting the proposed auditor duties were similar to those of a clerk and did not constitute 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 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
Jewelry
The appeal was dismissed because the petitioner failed to establish that the proffered position of Sales and Marketing Manager qualified as ...
Normal Degree Requirement For The Position Degree Requirement Is Common In The Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Marine Equipment
The appeal was dismissed because the petitioner failed to establish that the proffered position of general manager 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 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
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of general manager qualifies as a specialty ...
Normal Minimum Requirement Of A Baccalaureate Degree For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Degree
sustained
H-1B
Finance
The director denied the petition, concluding the 'managing director of the investment division' position was not a specialty occupation. The...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would actually perform work in the proffered 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
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems/program analyst' 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, 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
Auditing
The director denied the petition, finding that the proposed auditor position was similar to a clerical role and not a specialty occupation. ...
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
Fashion Design
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was qualified to perform the duties of a specialt...
Beneficiary Qualifications For Specialty Occupation Equivalency To A U.S. Baccalaureate Degree Combination Of Education And Experience Recognition Of Expertise Three-For-One Rule (Experience For Education)
dismissed
H-1B
Jewelry
The appeal was dismissed because the petitioner, a jewelry company, failed to establish that the proffered position of Sales and Marketing M...
Normal Minimum Requirement Is 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 Specific Duties Is So Specialized And Complex
dismissed
H-1B
Hospitality
The appeal was dismissed because the petitioner failed to establish that the proffered position of General Manager 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, 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
Marine Equipment Sales
The appeal was dismissed because the petitioner failed to establish that the proffered general manager position qualifies as a specialty occ...
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
Dentistry
The appeal was summarily dismissed because the petitioner failed to submit a brief, new evidence, or specify any legal or factual errors in ...
Specialty Occupation
dismissed
H-1B
Dentistry
The appeal was summarily dismissed because the petitioner failed to submit a brief or any new evidence. The petitioner only referenced a let...
Specialty Occupation
sustained
H-1B
Accounting
The director initially denied the petition because the proffered accountant position was not deemed a specialty occupation. After an initial...
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
sustained
H-1B
Investment Relations
The appeal was sustained because the AAO concluded that the proffered position qualified as a specialty occupation. The director had denied ...
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
Real Estate
The director's decision was withdrawn and the case was remanded. The AAO found that the director erred in denying the petition based on 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
dismissed
H-1B
Nutritional Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'coordinator of nutritional services' 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, 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
Marketing
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Specialty Occupation
dismissed
H-1B
Film Production
The appeal was dismissed because the petitioner failed to establish that the position of film editor qualifies as a specialty occupation. Th...
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
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