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 2 of 50
dismissed
H-1B
Investment
The appeal was dismissed because the petitioner failed to demonstrate that the investment analyst position qualifies as a specialty occupati...
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)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish the requirements for the H-1B classification. The Director identified th...
Employer-Employee Relationship Specialty Occupation Valid Labor Condition Application (Lca)
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered software engineer position qualifies as a specialty o...
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
remanded
H-1B
Business Development
The AAO found that the proffered position did qualify as a specialty occupation, concluding the duties are specialized and complex enough to...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'foreign counsel' qualifies as a specialt...
Specialty Occupation Definition Degree As Normal Minimum Requirement Degree Requirement Common To The Industry Employer Normally Requires Degree Specialized And Complex Duties Licensure
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'senior software engineer' qualifies as a...
Degree As Normal Minimum Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex To Require A Degree
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered market research analyst position qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Education
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year maximum period. To qualify for a...
H-1B Maximum Period Of Stay Ac21 Extension Eligibility 365-Day Pending Labor Certification
dismissed
H-1B
Aviation Consulting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'finance director' position qualifies as a specialt...
Degree Is Normal Minimum Requirement Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish the proffered position as a specialty occupation. The AAO found that the...
Specialty Occupation Definition Normal Degree Requirement Complexity And Specialization Of Duties
sustained
H-1B
Accounting
The Director initially denied the petition for failing to establish the itinerary requirement, a valid employer-employee relationship, and t...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Translation Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'translation coordinator' qualifies as a ...
Beneficiary'S Qualifications Normal Degree Requirement For Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Industry Standard Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Employer'S Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(3)) Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4))
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate it had sufficient specialty occupation work for the beneficiary for th...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Dentistry
The appeal was dismissed because two 'related entities' filed multiple H-1B petitions for the same beneficiary without demonstrating a legit...
Prohibition Of Multiple Petitions (8 C.F.R. § 214.2(H)(2)(I)(G)) Definition Of 'Related Entities' Legitimate Business Need Credibility Of Employment Offer Concurrent Employment
sustained
H-1B
Accounting
The Director initially denied the petition, concluding the petitioner failed to establish the requisite employer-employee relationship and t...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Business And Technology
The appeal was sustained because the petitioner, upon de novo review and through additional evidence submitted on appeal, successfully overc...
Specialty Occupation Employer-Employee Relationship Valid Labor Condition Application (Lca) Beneficiary Qualifications
dismissed
H-1B
Journalism
The appeal was dismissed because the petitioner failed to establish that the 'video journalist' position qualifies as a specialty occupation...
Normal Degree Requirement For Position Industry Standard Or Complex/Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'market research analyst/marketing specia...
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 Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, a software consulting firm, failed to establish that it would have a valid employer-employe...
Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not establish that the proffered position of "systems analyst II" qualifies as a special...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Associated With A Degree
dismissed
H-1B
Electrical Engineering
The motion to reopen was denied because the new evidence submitted was insufficient to establish a valid employer-employee relationship at t...
Employer-Employee Relationship Specialty Occupation Lca Compliance Eligibility At Time Of Filing
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not establish that the proffered position of 'quality assurance analyst' qualifies as a ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that it qualifies as a U.S. employer with a valid employer-employee rela...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'business analyst' position qualifies as a specialt...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of The Specific Duties
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The pet...
Specialty Occupation Employer-Employee Relationship Sufficient Work For Validity Period
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'QA engineer' position qualifies as a specialty occ...
Bachelor'S Degree Or Equivalent Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Clinical Research
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'clinical research coordinator/manager'...
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 Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree
dismissed
H-1B
Business Analytics
The appeal was summarily dismissed because the Petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact For The Appeal
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided numerous inconsistent job titles, job descriptions, and educational requirements fo...
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
Information Technology
The appeal was dismissed because the petitioner, an IT consulting company, failed to establish that it would have a valid employer-employee ...
Employer-Employee Relationship Specialty Occupation Place Of Employment
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish the existence of a specific, non-speculative project to which the benefi...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Existence Of A Non-Speculative Project For The Beneficiary Evidence Of End-Client Work Requirements Consistency And Specificity Of Job Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualifies as a specialty o...
Specialty Occupation Definition Bachelor'S Degree Or Equivalent As Normal Minimum Requirement Degree Requirement Common To The Industry Position'S Complexity Requiring A Degree Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties Availability Of Sufficient Work For The Requested Period
dismissed
H-1B
Market Research
The appeal was dismissed because the Petitioner failed to establish that the proffered position of 'market research analyst' qualifies as 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
Software Development
The appeal was summarily dismissed because the Petitioner failed to submit a brief or additional evidence in support of the appeal. The Peti...
Failure To Identify Erroneous Conclusion Of Law Or Fact Summary Dismissal
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to overcome the Director's findings. The initial denial was based on the petitioner's...
Employer-Employee Relationship Specialty Occupation Valid Labor Condition Application (Lca)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided numerous inconsistencies regarding the proffered position's job title, duties, and ...
Normal Minimum Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'senior software engineer' qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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
Clinical Laboratory Science
The initial denial was due to the Beneficiary lacking a required state license to work as a clinical laboratory scientist. The appeal was su...
State Licensure Requirement Temporary Exception To Licensure
dismissed
H-1B
Accounting
The motions to reopen and reconsider were denied because the petitioner failed to submit a certified Labor Condition Application (LCA) at th...
Certified Labor Condition Application (Lca) Ineffective Assistance Of Counsel
dismissed
H-1B
Website Design
The motion to reopen was denied because the new evidence submitted post-dated the original petition's filing and was therefore irrelevant. T...
Specialty Occupation Beneficiary Qualifications Employer'S Normal Degree Requirement
sustained
H-1B
Special Education
The appeal was sustained because the AAO found no basis to revoke the initial approval. The AAO determined that the petitioner had not viola...
Specialty Occupation Grounds For Revocation
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, 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
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered 'logistician' position qualifies as a specialty occup...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish who the ultimate end-user of the beneficiary's services would be, making...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that specialty occupation work would be available for the entire period ...
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 Availability Of Non-Speculative Work For The Entire Requested Period Employer-Employee Relationship
sustained
H-1B
Clinical Laboratory Science
The Director initially denied the petition because the beneficiary lacked the required state license. The appeal was sustained because, in r...
Licensure Requirement Temporary Licensure Exception
remanded
H-1B
Accounting
The AAO withdrew the Director's denial, finding the petitioner had successfully proven the employer-employee relationship, the specialty nat...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Specialty Occupation Definition Labor Condition Application (Lca) 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
Nursing
The appeal was dismissed because the petitioner failed to prove that the proffered registered nurse 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 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 beneficiary's original assignment with the end-client (Client M) was not renewed, meaning the originall...
Availability Of Specialty Occupation Work Material Changes In Employment Amended Petition Requirement Off-Site Employment Labor Condition Application (Lca)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of "software developer in test" qualifies as...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Nature Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'senior IT project manager' qualifies as ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing specialist' position qualifies as a specia...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Information Technology
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify a specific erroneous conclusion of law or statem...
Failure To Identify Error Of Law Or Fact
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to identify a specific, erroneous conclusion of law or statement of fact in...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Digital Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'ad operations coordinator' position qualifies as a s...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify a specific erroneous conclusion of law or statem...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered 'market research analyst' position qualifies as a spe...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Degree
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'logistics manager' qualifies as a specia...
Normal Degree Requirement For The Position Industry Standard For The Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Business Analysis
The appeal was summarily dismissed as abandoned. The AAO sent a letter to the petitioner to verify its intent to pursue the appeal after dis...
Specialty Occupation Abandonment
dismissed
H-1B
Performing Arts
The appeal was dismissed because the petitioner, a circus, failed to establish that the proffered 'performer' position qualifies as a specia...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to establish it had secured definite, non-speculative specialty occupation work for t...
Specialty Occupation Non-Speculative Work For Entire Validity Period End-Client Placement And Project Duration
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position 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)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Industry Standard Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Employer'S Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(3)) Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)) Occupational Outlook Handbook (Ooh) Analysis Specific Vocational Preparation (Svp) Rating Wage Level Analysis
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity Of Duties
dismissed
H-1B
Hospitality
The appeal was dismissed because the petitioner did not establish that the proffered 'general manager' position qualifies as a specialty occ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Complexity Of Position Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to overcome the grounds for revocation. The petitioner did not provide requested evid...
Employment In Capacity Specified In Petition Violation Of Terms And Conditions Of The Approved Petition Wage And Hour Requirements
dismissed
H-1B
Environmental Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'executive administrative assistant' position qualifi...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of software engineer qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Business Analysis
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To Identify Erroneous Conclusion Of Law Or Fact (8 C.F.R. § 103.3(A)(1)(V))
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Definition Labor Condition Application (Lca) Validity Consistency Of Minimum Position Requirements Normal Degree Requirement For Position Industry Standard Degree Requirement
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position of "software engineer" qualifies as a specialty occup...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Business Intelligence
The appeal was remanded because the petitioner did not establish that the proffered 'business intelligence analyst' position qualifies as a ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'project accountant/manager' position qualifies as 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)
dismissed
H-1B
Laboratory Science
The appeal was dismissed because the petitioner failed to prove that the proffered position qualifies as a specialty occupation. Specificall...
Specialty Occupation Employer-Employee Relationship Speculative Employment Baccalaureate Or Higher Degree Requirement Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Journalism
The appeal was dismissed because the petitioner failed to establish that the proffered "video journalist" position 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 The Employer Normally Requires A Degree Or Its Equivalent For The Position
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualifies as a specialty o...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Accounting
The motion was denied because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the H-1B petition,...
Certified Labor Condition Application (Lca) At Time Of Filing Eligibility At Time Of Filing Lca Correspondence With Petition (Validity Period, Wage) Prevailing Wage Requirement Ineffective Assistance Of Counsel
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to prove the proffered position qualifies as a specialty occupation. The record lacke...
Specialty Occupation Definition Degree Requirement Normal For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties End-Client Work Requirements Non-Speculative Employment
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered "programmer analyst" position 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
Service Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'service engineer' qualifies as a special...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties [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
Special Education
The appeal was remanded because the petitioner did not sufficiently establish that the proffered 'special education teacher' position qualif...
Normal Degree Requirement For The Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Moving And Storage
The appeal was dismissed because the petitioner failed to establish that the operations manager position qualifies as a specialty occupation...
Normal Degree Requirement For Position Industry Standard Or Complexity Of Position Employer'S Normal Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' 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 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 Programming
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies a...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner did not establish that the proffered "quality assurance engineer" position qualifies as a sp...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered software engineer position qualifies as a specialty o...
Specialty Occupation End-Client Work Credibility Of Documents Nature Of Duties
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to provide a statement, brief, or any evidence in support of the appeal. Th...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided conflicting information regarding the beneficiary's actual work location, which und...
Normal Degree Requirement For Position Industry Standard Or Complex/Unique Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to demonstrate a valid employer-employee relationship with the beneficiary. The Direc...
Employer-Employee Relationship Right To Control
remanded
H-1B
Business Analysis
The matter was remanded because the record did not establish that the proffered position qualifies as a specialty occupation, as the require...
Specialty Occupation Requirements Beneficiary'S Qualifications Employer-Employee Relationship Availability Of Work
remanded
H-1B
Business Systems Analysis
The Director's decision, which denied the petition based on the Beneficiary's qualifications, was withdrawn. The AAO determined that the rec...
Beneficiary'S Qualifications Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Business Intelligence
The initial denial was based on the Beneficiary's qualifications. The AAO determined that the record did not first establish that the proffe...
Normal Degree Requirement For Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Definition Labor Condition Application (Lca) Correspondence To Position Prevailing Wage Requirements Consistency Of Minimum Educational Requirements For The Position Sufficiency Of Job Duty Description
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'IT project manager' position qualifies as a specialt...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Past Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish the proffered position qualifies as a specialty occupation. The petition...
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 For The Position Nature Of Duties Are Specialized And Complex Labor Condition Application (Lca) Compliance
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The petitio...
Employer-Employee Relationship Specialty Occupation Non-Speculative Employment
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. Specifi...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties Lca Compliance And Prevailing Wage
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