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 14 of 50
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of a legal assistant qualifies as a specialt...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher For The Position Degree Requirement Is Common To The Industry For Parallel Positions 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 The Knowledge Required Is Usually Associated With A Bachelor'S Degree
dismissed
H-1B
Civil Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of civil engineer technician qualifies as a ...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree Beneficiary'S Maintenance Of Status
dismissed
H-1B
International Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The AAO...
Normal Minimum Requirement For Position Industry Standard Degree Requirement Position'S Complexity And Uniqueness Specialized And Complex Duties Beneficiary'S Qualifications
remanded
H-1B
Land Surveying And Civil Engineering
The director denied the petition, finding the position was not a specialty occupation and the beneficiary lacked required licensure. The AAO...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Nature Of The Specific Duties Is So Specialized And Complex Beneficiary Qualifications (Licensure And Degree Equivalency)
dismissed
H-1B
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform the services of a specialty...
Beneficiary Qualifications Specialty Occupation Experience Equivalency To Degree
dismissed
H-1B
Translation Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of technical writer and translator qualifies ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree For Position
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner formally requested its withdrawal. The AAO did not rule on the merits of the case.
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'lead warehouse clerk' qualifies as a spe...
Normal Degree Requirement For The Position Industry Standard Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Dentistry
The appeal was dismissed because the AAO concurred with the director's finding that the beneficiary was not qualified for the proffered posi...
Specialty Occupation Definition Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner, a small bakery, failed to establish that the proffered position of president and executive ...
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 Nature Of Duties Is So Specialized And Complex As To Require A Degree
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the equivalent of a U.S. bachelor's degre...
Beneficiary Qualifications For Specialty Occupation Foreign Degree Equivalency Work Experience Equivalency (3-For-1 Rule) Recognition Of Expertise
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of Public Relations Specialist/Marketing qua...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Mobile Electronics
The appeal was dismissed because the petitioner failed to establish that the proffered position of quality control manager 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
remanded
H-1B
Accounting
The AAO found that the proffered position of an accountant qualifies as a specialty occupation, disagreeing with the director's initial reas...
Baccalaureate Or Higher Degree Is The Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of Specific Duties Is So Specialized And Complex Beneficiary'S Qualifications For The Specialty Occupation
dismissed
H-1B
Food Service Management
The appeal was rejected because it was improperly filed by a representative not entitled to do so. The representative was a Canadian lawyer,...
Improper Filing By Unauthorized Representative Specialty Occupation
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of master baker/executive pastry chef qualif...
Normal Degree Requirement Industry Standard Or Position Complexity/Uniqueness Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Mechanical Engineering
Although the AAO agreed that the proffered position of mechanical engineer qualified as a specialty occupation, the appeal was dismissed. Th...
Baccalaureate Or Higher Degree Is Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of The Specific Duties Are So Specialized And Complex Petitioner'S Business Operations And Financial Standing
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a retail convenience store, failed to establish that the proffered Systems Analyst 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) Beneficiary'S Qualifications
dismissed
H-1B
Construction Engineering
The appeal was dismissed because the petitioner, a small general contractor, failed to prove that the proffered position of a mechanical/con...
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
E-Commerce
The appeal was dismissed because the petitioner failed to establish that the proffered position of e-commerce research analyst qualifies as ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are 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 based on the beneficiary's inadmissibility under economic sanctions against Iran. The AAO found no evidence...
Admissibility Under Economic Sanctions
dismissed
H-1B
Food Service Management
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or fact...
Specialty Occupation Procedural Grounds For Summary Dismissal
remanded
H-1B
Computer Science
The AAO withdrew the director's initial denial, which was based on the employer-employee relationship and a lack of an itinerary of services...
Employer-Employee Relationship Itinerary Of Services Normal Degree Requirement For Position Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing administrator' position qualifies as a spe...
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
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the equivalent of a U.S. bachelor's degre...
Beneficiary Qualifications Education Equivalency Experience Equivalency
dismissed
H-1B
Advertising
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive producer qualifies as a special...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Fundraising
The appeal was dismissed because the petitioner failed to establish that the proffered position of development director qualifies as a speci...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Construction Engineering
The appeal was dismissed because the petitioner failed to establish that the proposed position of technical writer/translator 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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the proposed position of lodging manager qualifies as a specialty o...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Complexity Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Translation Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of chief translator qualifies as a specialty ...
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Industry Standard Or Complex/Unique Position 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) - Employer'S Normal Requirement 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
dismissed
H-1B
Unknown
The petitioner's counsel sent a facsimile message to the AAO requesting that the appeal be withdrawn. The AAO dismissed the appeal based on ...
dismissed
H-1B
Transportation And Cargo
The appeal was dismissed because the petitioner failed to establish that the proposed position of cargo and freight agent qualifies as a spe...
Normal Degree Requirement For Position Industry Standard Or Unique/Complex Duties Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of systems analyst/network administrator 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 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 Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Information Technology
The director initially denied the petition for failure to demonstrate a valid employer-employee relationship or a bona fide position for the...
Employer-Employee Relationship Bona Fide Position Contractual Agreements Response To Request For Evidence Summary Dismissal
remanded
H-1B
Interior Design
The director denied the petition, finding that the proffered interior designer position did not qualify as a specialty occupation. The AAO w...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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/auditor position qualified as a specialty ...
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 The Industry / Position Is Complex Or Unique
dismissed
H-1B
Diamond Wholesale
The appeal was dismissed because the petitioner, a diamond wholesale company, failed to establish that the proffered position of strategic m...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry In Parallel Positions 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
remanded
H-1B
Architecture
The director's decision was withdrawn because the AAO found that a valid employer-employee relationship can exist even when the beneficiary ...
Employer-Employee Relationship Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Dental Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of dental lab technologist qualifies as a sp...
Normal Minimum 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 That They Require A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to submit requested evidence (contracts demonstrating an employer-employee relationsh...
Employer-Employee Relationship Specialty Occupation Submission Of Requested Evidence Failure To Identify Error On Appeal
sustained
H-1B
Market Research
The director initially denied the petition, concluding the proposed market research analyst position did not qualify as a specialty occupati...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of network systems analyst qualifies as a ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Position Complexity/Uniqueness
dismissed
H-1B
Facility Management
The appeal was dismissed because the proffered position of Preventive Maintenance Coordinator was not found to qualify as a specialty occupa...
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
Hotel Management
The appeal was dismissed because the petitioner failed to prove that the 'hotel manager' position qualifies as a specialty occupation. The A...
Normal Degree Requirement For Position Common Degree Requirement For Industry
dismissed
H-1B
Transportation
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of sea freight manager qualifies as a spec...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small residential care home, failed to establish that the proffered accountant position q...
Specialty Occupation Definition Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Position Is Complex Or Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Quality Control
The appeal was dismissed because the petitioner failed to establish that the proffered position of Quality Assessment Coordinator 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 Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a jewelry manufacturer, failed to establish that the proposed position of Computer Applicat...
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
Social Work
The director denied the petition on two grounds: that the social worker position was not a specialty occupation and that the beneficiary was...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) State Licensing Requirements
sustained
H-1B
Broadcast Journalism
The director denied the H-1B extension, concluding that 365 days had not passed between the filing of the labor certification and the filing...
Ac-21 H-1B Extension Pending Labor Certification Six-Year Limitation
sustained
H-1B
Computer Programming
The director denied the petition, finding the computer programmer position did not qualify as a specialty occupation. The AAO sustained the ...
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 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
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations analyst (logistics) qualifies ...
Normal Degree Requirement Industry Standard Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Pharmaceuticals
The director denied the petition, claiming the proffered position of 'product sourcing manager' did not qualify as a specialty occupation. T...
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
sustained
H-1B
Information Technology
The director denied the petition, finding that 365 days had not elapsed between the filing of the labor certification and the filing of the ...
H-1B Six-Year Limit Ac-21 Extension Beyond Six Years 365-Day Rule For Pending Labor Certification
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the proposed accountant position qualifies as a specialty occupat...
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, a specialty food store, failed to establish 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 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
Interior Design
The appeal was sustained because the AAO determined that the proffered position of interior designer qualifies as a specialty occupation. Ci...
Normal Degree Requirement For Position Beneficiary'S Qualifications State Licensing Requirements
dismissed
H-1B
Satellite Equipment Wholesale
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualified as a sp...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Travel And Tourism
The director initially denied the petition, finding that the proffered contract administrator position was not a specialty occupation and th...
Normal Minimum Degree Requirement Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the specialt...
Beneficiary'S Qualifications Foreign Degree Equivalency Experience Equivalent To A Degree
dismissed
H-1B
Auto Parts Trading
The appeal was dismissed because the petitioner failed to establish that the proffered position of a purchasing/inside sales agent qualifies...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
remanded
H-1B
Network Storage Products
The director's decision was withdrawn because the AAO found that the evidence established this particular marketing manager position is a sp...
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 Nature Of The Specific Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Restaurant
The appeal was dismissed because the petitioner, a small restaurant and catering business, failed to establish that the proffered position 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 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
Tennis
The appeal was dismissed because the petitioner failed to establish that the proffered position of tennis coach qualifies as a specialty occ...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That Knowledge Is Usually Associated With A Degree
dismissed
H-1B
Industrial Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'Industrial Engineer' position qualified as a special...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies as a specialty o...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Wireless Technology
The appeal was dismissed because the petitioner failed to establish that the proposed position of electronics technician 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
Business Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of business office manager qualifies as a sp...
Specialty Occupation Minimum Degree Requirement
dismissed
H-1B
Cellular Phone Parts Sales
The appeal was dismissed because the petitioner failed to establish that the proposed Financial Analyst/Accountant position qualifies as a s...
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 The Nature Of The Specific Duties Is Specialized And Complex
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner, a hospital, failed to establish that the proposed 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
Avionics
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'avionics engineer' qualified as a special...
Bachelor'S Degree Or Equivalent Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a motel, failed to prove that the proffered position of 'computer programmer analyst' quali...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Market Research
The appeal was rejected because it was filed by the beneficiary, not the petitioner. Under CIS regulations, a beneficiary is not a recognize...
Standing To File Appeal
sustained
H-1B
Telecommunications
The director denied the petition, concluding that the proffered financial accountant position consisted primarily of bookkeeping duties whic...
Normal Minimum Of A Bachelor'S Degree For The Position Industry Standard Degree Requirement Or Unique/Complex Nature Of The Position Employer'S Normal Hiring Requirement For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proposed position of Market Research Analyst qualifies as a spe...
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
Medicine
The director denied the petition, reasoning that the proffered 'medical research assistant' position was not a specialty occupation as its d...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a construction company, failed to establish that the proffered accountant position qualifie...
Position Normally Requires A Degree Degree Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'teacher (self-enrichment)' qualifies a...
Degree Is Normal Minimum Requirement Degree Is Common To The Industry Position Is Complex Or Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation. The ben...
8 C.F.R. 214.2(H)(4)(Iii)(C) - Beneficiary Qualifications For Specialty Occupation 8 C.F.R. 214.2(H)(4)(Iii)(D) - Education And Experience Equivalency
sustained
H-1B
Electrical Engineering
The director initially denied the petition, asserting the proffered position was that of an electrical engineering technician, which does no...
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
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered registered nurse position qualifies as a specialty oc...
Specialty Occupation Definition Baccalaureate Or Higher Degree Requirement Degree Requirement Common To The Industry Complexity Of Duties State Licensure Requirement
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner, a small restaurant and caterer, failed to provide a specific and detailed description of th...
Degree Is Normal Minimum Requirement Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Textiles
The appeal was dismissed because the petitioner failed to establish that the proposed management analyst position qualifies as a specialty o...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proposed marketing position qualifies as 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 The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Hospitality
The appeal was dismissed because the petitioner failed to prove that the 'operations director' position qualifies as 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 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
Information Systems
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year maximum period of stay. The law ...
H-1B Six-Year Limit Ac21 Extension Eligibility
dismissed
H-1B
Spice Wholesale
The appeal was dismissed because the petitioner failed to establish that the proffered position of in-house accountant qualifies as a specia...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
remanded
H-1B
Computer Science
The director's decision was withdrawn because the AAO found the petitioner did establish the proffered Systems Analyst position as a special...
Specialty Occupation Definition Duties So Specialized And Complex (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)) Beneficiary'S Educational Qualifications
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the position of pilot/flight engineer qualifies as a specialty occu...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Accounting
The appeal was sustained because the AAO determined the proffered accountant position qualified as a specialty occupation. The AAO consulted...
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
Unknown
The appeal was dismissed as untimely. The petitioner failed to file the appeal within the 33-day period after the director's decision was ma...
Timeliness Of Appeal Proper Filing Of Appeal (Fees)
dismissed
H-1B
Childcare
The appeal was dismissed because the petitioner failed to establish that the proposed position of assistant childcare director qualifies as ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Accounting
The director denied the petition, concluding the position was for a bookkeeper, not a specialty occupation. The AAO sustained the appeal, de...
Normal Minimum Requirement Of A Baccalaureate Degree For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of The Duties
remanded
H-1B
Marketing
The director's decision was withdrawn because the AAO disagreed with the director's finding that the proffered position was an operations 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 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, determining that the petitioner's business was not the type to employ a financial analyst and that the dut...
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
dismissed
H-1B
Nursing Care
The appeal was dismissed because the petitioner failed to establish that the proposed case manager position qualifies as a specialty occupat...
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 petitioner provided new evidence establishing it as a business of considerable size and complexity, wit...
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
Computer Information Systems
The appeal was sustained because the AAO found that the totality of the evidence, including expert opinions and details about the petitioner...
Position Requires A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
sustained
H-1B
Business Management
The director initially denied the petition, viewing the Chief Executive Officer position as a general top executive role for which a degree ...
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 Components Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst/coordinator 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
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