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 15 of 50
sustained
H-1B
Accounting
The appeal was sustained because the AAO disagreed with the director's finding that the position was a bookkeeper rather than an accountant....
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree Beneficiary'S Qualifications
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a newly operational car accessory company with no employees and no documented income, faile...
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
Food Service Management
The director initially denied the petition, stating the food service manager position was not a specialty occupation. The AAO sustained the ...
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 That They Require A Degree
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner failed to prove the proposed 'administrative officer' position qualified as a specialty occu...
Normal 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 Specialized And Complex Duties Associated With A Degree
sustained
H-1B
Market Research
The director denied the petition, finding the proffered market research analyst position was not a specialty occupation. The AAO sustained 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, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'division accountant' qualified as a spec...
Normal Degree Requirement For Position Common Degree Requirement For Industry Or Unique Position Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
sustained
H-1B
Software Services
The director initially denied the petition, concluding the 'mid-range programmer' position was not a specialty occupation. The AAO sustained...
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)
sustained
H-1B
Business Analysis
The director denied the petition, stating the proffered position of management analyst was not a specialty occupation because the petitioner...
Normal Degree Requirement For Position Industry Standard Degree Requirement Complexity Of Employer'S Business
sustained
H-1B
Accounting
The director initially denied the petition, claiming the proffered position was a bookkeeper rather than an accountant and did not require a...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
sustained
H-1B
Journalism
The director initially denied the petition, finding that the proffered editor position was not 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 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
Market Research
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, 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 provide sufficient evidence to support the claim of recapturing 75 days the benefi...
Six-Year Maximum Stay Recapture Of Time Abroad Ac21 Extension Evidentiary Requirements For Recapture
dismissed
H-1B
Benefits Management
The appeal was dismissed because the beneficiary had reached the maximum six-year period of stay in H-1B status. The petitioner sought an ex...
Six-Year Limit On H-1B Stay Ac21 Extension Beyond Six Years Pending I-140 Petition Final Decision On Underlying Petition
sustained
H-1B
Market Analysis
The director denied the petition, concluding the proffered position of market analyst did not qualify as a specialty occupation. The AAO sus...
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
Food Service Management
The director initially denied the petition, arguing the food service manager position was not a specialty occupation. The AAO sustained the ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of a market research analyst qualifies as a ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive assistant qualifies as a specia...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of marketing manager qualifies as a specialt...
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
Business
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'market retention cost 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 The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the English teacher position qualifies 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 The Employer Normally Requires A Degree Or Its Equivalent For The Position
dismissed
H-1B
Sales And Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered position of Manager - Sales and Distribution qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, a telemarketing company, failed to establish that the proffered position of a marketing man...
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
Education
The appeal was dismissed because the petitioner, a private school, failed to establish that the Information Technology Teacher position 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 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 failed to meet the evidentiary burden of proof. Although the AAO agreed that time spent outs...
Maximum Period Of Stay (6-Year Limit) Recapture Of Time Spent Abroad Burden Of Proof For Absences
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to prove that the proffered position of an Information Technology Teacher at a privat...
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 bathroom and kitchen remodeling company, failed to establish that the proposed accountant...
Normal Degree Requirement For Position Degree Requirement Common To Industry/Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Printing
The appeal was dismissed because the petitioner failed to establish that the proffered 'production manager' position qualified as a specialt...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of a human resources representative qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of Executive Chef qualifies as a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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 establish that the proffered position of Food and Beverage Supervisor qualifies as...
Normal Minimum Requirement For The Position Degree Common To The Industry / Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of hotel manager qualifies as a specialty oc...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a staffing company, failed to provide a sufficiently detailed description of the specific d...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Education Administration
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'international student advisor' 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 Beneficiary'S Qualifications For The Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proposed Sales Manager position qualifies 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, 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 Programming
The appeal was dismissed because the petitioner failed to establish that the proffered programmer analyst position qualifies as a specialty ...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner, a clinical laboratory, failed to establish that the proffered financial analyst position 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
Legal Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of a foreign legal consultant qualifies as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of a law clerk 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
dismissed
H-1B
Marketing And Management Analysis
The appeal was dismissed because the petitioner failed to prove the proffered position of 'strategic management/marketing analyst' qualified...
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
Animal Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform the duties of the proffered...
Beneficiary Qualifications Specialty Occupation Degree Equivalency 8 C.F.R. 214.2(H)(4)(Iii)(C) 8 C.F.R. 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of personnel recruiter 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
sustained
H-1B
Accounting
The director denied the petition, concluding the position's duties were those of a bookkeeping or auditing clerk, which do not require a deg...
Normal Degree Requirement For The Position Industry Norm Or Unique/Complex Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
sustained
H-1B
Telecommunications
The appeal was sustained because the AAO disagreed with the director's finding that the Chief Financial Officer position was clerical. The A...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1): Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2): 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. 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3): The Employer Normally Requires A Degree Or Its Equivalent For The Position. 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4): 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
Health Services Administration
The appeal was dismissed because the petitioner failed to establish that the proffered position of health services administrator qualifies a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Electrical Engineering
The appeal was dismissed because the petitioner, a nursing facility, failed to establish that the proffered position of an electrical engine...
Normal Minimum Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to prove the proffered accountant position qualifies as a specialty occupation. The A...
Normal Degree Requirement For Position Degree Common To Industry / Position Is Complex Or Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Education
The appeal was dismissed because the beneficiary had already remained in the United States in H-1B status for over six years. Pursuant to Se...
Maximum Period Of Stay
sustained
H-1B
Rehabilitation Counseling
The director initially denied the petition, finding the beneficiary unqualified because their education was not equivalent to a baccalaureat...
Beneficiary'S Qualifications Educational Equivalency Foreign Degree Evaluation
sustained
H-1B
Chemical Engineering
The director denied the petition after finding the proposed role was that of a chemical engineering technician, 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 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
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of a financial analyst qualified as a specia...
Normal Degree Requirement For The Position Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
sustained
H-1B
Healthcare Administration
The appeal was sustained because the AAO disagreed with the director's finding that the proposed position did not qualify as a specialty occ...
Bachelor'S Degree Is Normal Minimum 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
sustained
H-1B
Software Development
The director initially denied the petition due to a lack of evidence detailing the beneficiary's specific duties at the end-client's worksit...
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
Market Research
The director denied the petition, concluding the proffered market research analyst position was not a specialty occupation for a wholesaler ...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree For The Position Nature Of Duties Is Specialized And Complex
sustained
H-1B
Marketing
The appeal was sustained because the petitioner successfully established that the proposed position of marketing associate qualified as a sp...
Nature Of Duties Is Specialized And Complex Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Beneficiary'S Qualifications
dismissed
H-1B
Mechanical Engineering
The appeal was summarily dismissed because counsel failed to submit a brief or additional evidence as indicated on the appeal form. The AAO ...
Specialty Occupation
dismissed
H-1B
Landscaping
The appeal was dismissed because the petitioner failed to establish that the proffered position of a landscape services 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. The Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to prove that the proffered position of an executive chef qualifies as a specialty oc...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Common To The Industry Position'S Complexity Or Uniqueness Requires A Degree Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner, a medical practice, failed to establish that the proffered position of Medical Secretary qu...
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
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualified as a sp...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Unknown
The appeal was rejected because it was filed untimely. The appeal was received on January 4, 2005, which was 36 days after the director's de...
Timeliness Of Appeal Treating Late Appeal As A Motion
dismissed
H-1B
Law
The appeal was dismissed because the petitioner, a law firm, failed to establish that the proffered position of a 'technical publications wr...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That They Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a computer consulting firm, failed to establish that the proffered programmer analyst posit...
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
Database Software
The director denied the petition, concluding the proffered role of senior sales/marketing engineer did not qualify as a specialty occupation...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Duties' Complexity Requires Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'computer systems engineer' position qualified as a s...
Baccalaureate Or Higher Degree Is Minimum Requirement For Position Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex It Requires A Degree
remanded
H-1B
Rehabilitation Services
The director initially denied the petition, concluding the 'manager of rehabilitation services' position was not a specialty occupation. The...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Library Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'library assistant' qualifies as a specia...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of business analyst 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
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered position of registered nurse 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
sustained
H-1B
Law
The director denied the petition, concluding the 'foreign legal specialist' position was not a specialty occupation and was similar to a par...
Normal Degree Requirement For Position Degree Requirement Common To Industry For Parallel Positions
sustained
H-1B
Accounting
The appeal was sustained because the AAO found that the proffered accountant position qualified as a specialty occupation. The AAO determine...
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) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) Beneficiary Qualifications
sustained
H-1B
Management Analysis
The director denied the petition, arguing the petitioner failed to establish the proffered management analyst position required a degree-lev...
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
Software Engineering
The appeal was sustained because the AAO found that the proffered position of software engineer qualified as a specialty occupation. Contrar...
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 failed to establish that the proffered position of financial analyst qualifies as a specialt...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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, a small retail and wireless store, failed to establish that the proffered 'Programmer 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 The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Beneficiary'S Qualifications To Perform The Services Of A Specialty Occupation
dismissed
H-1B
Multimedia Advertising
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualifies as a special...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Graphic Design
The director denied the petition, stating the proffered graphic designer position did not qualify as a specialty occupation. The AAO sustain...
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) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2)
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner, a computer consulting firm, failed to establish that the proffered position of programmer a...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
remanded
H-1B
Adult Day Care
The AAO found that the Program Director position at an adult day care center qualifies as a specialty occupation, contrary to the director's...
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 Beneficiary'S Qualifications To Perform The Duties Of The Specialty Occupation
dismissed
H-1B
Chiropractic Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of a chiropractor assistant qualifies as a s...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require Knowledge Associated With A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a pharmacy, failed to establish that the proffered management accountant position qualifies...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of motel manager qualifies as a specialty oc...
Bachelor'S Degree Requirement Specialized And Complex Duties Industry Standard Employer'S Hiring Practices
dismissed
H-1B
Mechanical Engineering
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year maximum period. The petitioner f...
H-1B Six-Year Limit Ac21 Extension Eligibility
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a computer consulting firm, failed to establish that the proffered position of programmer a...
Normal Minimum Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Systems Analysis
The appeal was dismissed because the petitioner failed to rebut the consular officer's serious concerns about the beneficiary's qualificatio...
Beneficiary'S Qualifications Veracity Of Experience Letters
remanded
H-1B
Social Services
The director denied the petition because the evidence did not establish that the petitioner qualified as a U.S. employer and questioned the ...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to meet its burden of proof. Although the AAO agreed that time spent outside the U.S....
Maximum Period Of Stay Recapture Of Time Spent Abroad
dismissed
H-1B
Nursing Services
The appeal was dismissed because the petitioner failed to prove the proposed position of 'associate director for nursing services' qualifies...
Normal Minimum Requirement Is A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require Knowledge Associated With A Degree
sustained
H-1B
Computer Science
The director denied the petition because the beneficiary was deemed unqualified, questioning the evidence that his education and work experi...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the position of executive chef qualifies as a specialty occupation....
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner, a donut shop, failed to demonstrate that the proposed position of food services manager qua...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position'S Complexity Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner failed to establish that the position of university textbook manager qualifies as a specialt...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Dance
The appeal was dismissed because the petitioner, a dance studio, failed to establish that the position of dance instructor/specialist qualif...
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement Is A Bachelor'S Degree 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Degree Requirement Is Common To The Industry 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree For The Position 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Duties Are So Specialized And Complex
dismissed
H-1B
Retail Business Management
The appeal was dismissed because the petitioner, a small convenience store, failed to establish that the proffered 'business manager' positi...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Accounting
The director's denial was withdrawn because the AAO found the proposed accountant position does qualify as a specialty occupation. However, ...
Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Beneficiary Qualifications (8 C.F.R. § 214.2(H)(4)(Iii)(C))
dismissed
H-1B
Travel Services
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'travel operations management analyst' qua...
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 Specialized And Complex Requiring A Degree
sustained
H-1B
Software Engineering
The appeal was sustained because the petitioner successfully established it would be the beneficiary's direct employer, not an agent, and th...
Employer-Employee Relationship Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Childcare
The appeal was dismissed because the petitioner, a childcare center, failed to establish that the position of 'senior team teacher' qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Agronomy
The appeal was dismissed because the AAO determined that the proposed position of 'agronomist' was not a specialty occupation. The AAO found...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Asset Recovery
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'title examiner and analyst' qualifies as ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Industry Standard Or Complexity Of Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer'S Normal Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
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