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 20 of 50
dismissed
H-1B
Software Development
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Specialty Occupation Failure To Identify Specific Error
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner filed an appeal but did n...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Software Development
The appeal was dismissed because the matter was considered moot. The beneficiary had already been approved for H-1B employment with another ...
Mootness
dismissed
H-1B
Healthcare Administration
The motion to reopen and reconsider was dismissed because it did not meet the regulatory requirements. The petitioner failed to present new ...
Specialty Occupation Availability Of Work Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
H-1B
Software Engineering
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or additional evidence after indicating th...
Employer-Employee Relationship Failure To State Grounds For Appeal
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered accountant position qualifies as a specialty occupa...
Normal Degree Requirement For Position Common Industry Degree Requirement / Position Is Complex Or Unique Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'consultant - business intelligence arc...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that a specific, non-speculative work assignment existed for the benefic...
Existence Of Non-Speculative Work At Time Of Filing Specialty Occupation Requirements Sufficiently Detailed Job Duties Degree Requirement
sustained
H-1B
Software Development
The appeal was sustained because upon de novo review, the AAO found that the petitioner had overcome the director's denial. The evidence est...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, a used car dealer, failed to establish that the proffered "marketing specialist" position q...
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 establish that the proffered position of 'quality assurance 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 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 petitioner failed to establish that a non-speculative work assignment for the beneficiary existed at th...
Non-Speculative Work Assignment Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to file a brief or provide additional evidence after indicating its intent ...
Employer-Employee Relationship Availability Of Specialty Occupation Work Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of Marketing Director qualifies as a special...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Sports Equipment
The appeal was dismissed because the petitioner failed to establish that the proffered position of Market Research Analyst qualifies as a sp...
Normal Minimum Requirement Of A Bachelor'S Degree 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
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small business operating beauty salons, failed to establish that the proffered accountant...
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
Systems Analyst
The appeal was dismissed because the petitioner requested that the appeal be withdrawn. The decision notes that the withdrawal may not be re...
Withdrawal Of Appeal Specialty Occupation
dismissed
H-1B
Transportation & Shipping
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Training & Development Specialist - Airf...
Specialty Occupation Definition 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 did not establish the beneficiary's eligibility for an H-1B extension beyond the six-year li...
H-1B Extension Beyond Six Years Ac21 Section 104(C) Ac21 Section 106(A) Revoked I-140 Petition
dismissed
H-1B
Accounting
The appeal was dismissed because the issue was rendered moot. The beneficiary had already adjusted their status to that of a lawful permanen...
Specialty Occupation
dismissed
H-1B
Wholesale
The appeal was dismissed because the petitioner failed to respond to a request for evidence regarding a questionable signature on the attorn...
Specialty Occupation Failure To Respond To Request For Evidence Abandonment
dismissed
H-1B
Computer Programming
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Failure To Identify Specific Error Of Law Or Fact
dismissed
H-1B
Software Development
The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new petition for the same beneficiary, which...
Mootness Employer-Employee Relationship
dismissed
H-1B
Business
The appeal concerns the denial of a motion to reopen and reconsider a petition for an H-1B extension. The appeal was dismissed because the p...
Motion To Reopen Motion To Reconsider Specialty Occupation H-1B Six-Year Limit Ac21 Extension (Approved Immigrant Petition) Ac21 Extension (Pending Labor Certification Or Immigrant Petition)
dismissed
H-1B
Rehabilitation Counseling
The appeal was dismissed because the proffered position was not established to be a specialty occupation. The petitioner's requirement for a...
Specialty Occupation Definition Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the Director concluded the Petitioner had not demonstrated that the Beneficiary is qualified to work in a s...
Beneficiary Qualifications Foreign Degree Equivalency Experience Equivalency To A Degree Specialty Occupation
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations 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 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 A Baccalaureate Or Higher Degree Is Required
dismissed
H-1B
Investments/Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Manager of Investments/Real Estate' qual...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca)
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...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that it met the regulatory definition of a 'Unit...
U.S. Employer Employer-Employee Relationship
dismissed
H-1B
Pharmaceutical Manufacturing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'interpreter/translator' qualifies as a s...
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 The Nature Of The Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to overcome the Director's findings. The evidence of record did not establish that th...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a Request for Evidence (RFE) issued by the AAO. ...
Specialty Occupation Beneficiary Qualifications Failure To Respond To Rfe Abandonment
dismissed
H-1B
Law
The combined motion to reopen and reconsider was denied. The petitioner failed to provide new facts significant enough to change the outcome...
Specialty Occupation H-1B Cap Exemption (U.S. Master'S Degree) Labor Condition Application (Lca) Correspondence Motion To Reopen Motion To Reconsider
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Market Research Analyst qualifies as a ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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
Financial Management
The appeal was dismissed because the petitioner failed to prove the proffered 'financial manager' position qualified as a specialty occupati...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Medical Equipment Sales
The appeal was dismissed because the Director properly revoked the petition's approval. The revocation was based on the finding that the Pet...
Grounds For Revocation Material Change In Employment Place Of Employment Labor Condition Application (Lca)
dismissed
H-1B
Restaurant Management
The combined motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements for such motion...
Motion To Reopen Motion To Reconsider Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The pet...
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 That They Require A Degree
remanded
H-1B
Information Technology
The Director denied a motion after concluding that the petitioner had not responded to a Request for Evidence (RFE). On appeal, the petition...
Specialty Occupation Timely Response To Rfe
dismissed
H-1B
Travel Services
The motion to reopen and reconsider was denied because the petitioner failed to establish that the proffered 'operations manager' position q...
Specialty Occupation Minimum Educational Requirement
dismissed
H-1B
Computer Science
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the legal standards. The petitioner did not present ...
Specialty Occupation Motion To Reopen Motion To Reconsider 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was dismissed because it was filed in response to the denial of a motion to reopen and reconsider, but the petitioner failed to a...
Motion To Reopen Motion To Reconsider Specialty Occupation
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a public school district, failed to establish it qualified for an exemption from the H-1B c...
H-1B Cap Exemption Related Or Affiliated Nonprofit Entity Institution Of Higher Education
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...
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 Consulting
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. Although the petitioner indicated they wou...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Veterinary Medicine
The appeal was dismissed because the underlying issue became moot. While the appeal was pending, the beneficiary adjusted their status to th...
Six-Year Limitation On H-1B Stay Exception To The Six-Year Limit
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of business development 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 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
Aircraft Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'aircraft technologies engineer' qualifie...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Education
The appeal was summarily dismissed because the petitioner failed to identify any specific, erroneous conclusion of law or statement of fact ...
Summary Dismissal For Failure To State Basis Of Appeal
dismissed
H-1B
Agricultural Wholesale Trade
The appeal was dismissed because the petitioner did not establish that the proffered position of cost analyst qualifies as a specialty occup...
Normal Degree Requirement For The Position Industry-Common Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Agribusiness
The appeal was dismissed because the petitioner did not establish that the proffered position of Operations Manager qualifies as a specialty...
Normal Degree Requirement For Position Industry Standard Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Education Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualifies as a sp...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of The Duties Is So Specialized And Complex
dismissed
H-1B
Education
The Director denied the petition after concluding the petitioner did not demonstrate that it qualified for an exemption from the annual H-1B...
H-1B Cap Exemption Institution Of Higher Education Related Or Affiliated Nonprofit Entity Shared Ownership Or Control Operated By An Institution Of Higher Education
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, a software development and IT services firm, failed to establish that it met the regulatory...
Employer-Employee Relationship United States Employer Definition
dismissed
H-1B
Software Services
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under AC21. A final decisi...
H-1B Six-Year Limitation (Ina 214(G)(4)) Ac21 Section 106(A) Extension (Pending Labor Cert/I-140) Ac21 Section 104(C) Extension (Approved I-140 With Per-Country Limits)
dismissed
H-1B
Web Development
The appeal was dismissed because the petitioner did not establish that the proffered position of 'web programmer/developer' qualifies as a s...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Law
The appeal was dismissed because the petitioner did not establish that the proffered 'law clerk' position qualifies as a specialty occupatio...
Normal Degree Requirement For The Position Industry-Common Degree Requirement Or Position Complexity/Uniqueness Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Construction/Remodeling
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'project engineer' position qualifies as a specialt...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement For The Position Complexity And Specialization Of Job Duties
dismissed
H-1B
Finance
The combined motion to reopen and reconsider was denied because the petitioner failed to meet the requirements for either. For the motion to...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Medicine
The appeal was summarily dismissed as abandoned because the petitioner did not respond to a Request for Evidence issued by the AAO. The fail...
Beneficiary Qualifications Failure To Respond To Request For Evidence Abandonment
dismissed
H-1B
Healthcare Management
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not present any new facts th...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Software Development
The appeal was summarily dismissed as abandoned because the Petitioner did not respond to the AAO's request to verify its intent to pursue t...
Abandonment Failure To Respond
dismissed
H-1B
Automotive Sales
The appeal was dismissed because the petitioner failed to prove that the proffered 'sales engineer' position qualifies as a specialty occupa...
Normal Degree Requirement For The Position Industry-Common Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The petitioner did not sufficiently de...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Business Management
The motion to reconsider was denied, upholding the prior dismissal of the appeal, because the petitioner failed to establish that the proffe...
Specialty Occupation Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Fashion Design
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'chief creative designer' 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
remanded
H-1B
Information Technology
The appeal was remanded because the record did not establish that the proffered position qualifies as a specialty occupation or that the pet...
Specialty Occupation Beneficiary Qualifications Employer-Employee Relationship Availability Of Non-Speculative Work
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'engineering technician' position qualifies as a spec...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Consumer Lending
The AAO denied the combined motion to reopen and reconsider. The petitioner failed to present qualifying new facts for a motion to reopen, p...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Information Technology
The Director denied the petition because the petitioner failed to establish two key points: that a valid employer-employee relationship woul...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered 'QA analyst' position qualifies as a specialty occu...
Specialty Occupation Definition Beneficiary'S Qualifications Maintenance Of Nonimmigrant Status Normal Degree Requirement For Position Industry Degree Standard Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'staff accountant' position qualifies as a specialty ...
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
Construction Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'cost estimator/financial specialist' position qualif...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Business
The appeal was dismissed because the petitioner and its affiliate failed to demonstrate a legitimate business need to file more than one H-1...
Legitimate Business Need For Multiple H-1B Filings
dismissed
H-1B
Software Development And Consulting
The appeal was dismissed because the petitioner did not overcome the director's findings for revocation. The director found that the benefic...
Employment In Specified Capacity Violation Of Terms And Conditions Of Petition Unauthorized Change Of Work Location Grounds For Revocation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not demonstrate that the proffered position of 'DWT/BI test lead' qualifies as a special...
Specialty Occupation Employer-Employee Relationship Labor Condition Application (Lca)
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business development specialist' qualifi...
Specialty Occupation Definition Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualified for the H-1B master's cap exemption. To q...
H-1B Master'S Cap Exemption Definition Of U.S. Institution Of Higher Education
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position The Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex The Employer Normally Requires A Degree For The Position The Duties Are So Specialized And Complex That They Require Knowledge Associated With A Bachelor'S Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of a software quality assurance tester quali...
Specialty Occupation Lca Compliance Employer-Employee Relationship
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of Senior Business Development Specialist (M...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Or Position Is Uniquely Complex Employer'S Normal Hiring Requirement For The Position Nature Of Duties Are So Specialized And Complex To Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'Computer System Engineer' position 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
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year ...
H-1B Six-Year Limit (Ina 214(G)(4)) H-1B Extension Under Ac21 Section 106(A) H-1B Extension Under Ac21 Section 104(C)
dismissed
H-1B
Software
The appeal was dismissed because the petitioner failed to establish that it meets the regulatory definition of a United States employer, spe...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Retail
The combined motion to reopen and reconsider was denied because the petitioner failed to meet the requirements for either action. The motion...
Specialty Occupation Motion To Reopen Motion To Reconsider
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 sp...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the Director's two grounds for denial. The petitioner did not provide suf...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Accounting
The combined motion to reopen and reconsider was denied, upholding the prior dismissal of the appeal. The motion to reopen was denied becaus...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to prove the proffered 'Quality Analyst' position qualifies as a specialty occupation...
Normal Minimum Requirement For The Position Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require Knowledge Associated With A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of a bench technician 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 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 AAO found that the Director's decision to revoke the petition's approval was correct. The petitioner fa...
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
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'Programmer Analyst' position qualifies as a specialt...
Specialty Occupation Beneficiary Qualifications Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to demonstrate the beneficiary was eligible for an H-1B extension beyond the six-year...
H-1B Extension Beyond 6 Years Ac21 Section 106(A) Ac21 Section 104(C) 365-Day Pending Labor Certification/Immigrant Petition
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the two grounds for denial specified by the Director. The petitioner did ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Medicine
The appeal was initially dismissed because the petitioner failed to prove it qualified for an H-1B cap exemption as a non-profit entity affi...
H-1B Cap Exemption Non-Profit Status Affiliation With An Institution Of Higher Education
dismissed
H-1B
Software
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The petitioner did not establish that ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a day spa, failed to establish that the proffered accountant position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer'S 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
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