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 21 of 50
dismissed
H-1B
Acupuncture
The appeal was dismissed because the issue was rendered moot. USCIS records showed that the beneficiary had already adjusted their status to...
Licensure Mootness
dismissed
H-1B
Graphic Design
The appeal was dismissed because the petitioner failed to establish that the proffered graphic designer position qualifies as a specialty oc...
Normal Degree Requirement For The Position 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 As To Require A Degree
dismissed
H-1B
Software Development
The appeal was dismissed as abandoned because the petitioner did not respond to an AAO notice. The AAO sent the notice after discovering the...
Employer-Employee Relationship Specialty Occupation Abandonment
dismissed
H-1B
Information Technology
The appeal was dismissed as moot because a subsequent H-1B petition filed by the same petitioner for the same beneficiary had already been a...
Mootness
dismissed
H-1B
Fashion Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of a fashion designer qualifies as a special...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the Director correctly revoked the petition's approval. The petitioner was employing the beneficiary at a w...
Labor Condition Application (Lca) Compliance Material Changes In Employment Grounds For Revocation Filing Of Amended Petition
dismissed
H-1B
Transportation
The appeal was dismissed because the petitioner, a limousine transportation business, failed to establish that the proffered 'management ana...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of software application developer qualifies ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry / Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed as moot because another employer's H-1B petition for the same beneficiary had already been approved. The petitioner...
Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Information Technology
The initial approval was revoked because the Director found the petitioner failed to establish that the proffered position qualifies as a sp...
Specialty Occupation Employer-Employee Relationship Availability Of Work Lca Correspondence
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 Particular Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'rehab specialist' qualifies as a special...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
It Consulting
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
Specialty Occupation Maintenance Of Status Procedural Grounds For Summary Dismissal
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner, a restaurant, failed to establish that the proffered position of 'Operations Manager' quali...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner failed to establish that the proffered position of "business operations specialist" qualifie...
Whether A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position. Whether The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations. Whether The Employer Normally Requires A Degree For The Position. Whether The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Marketing
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 The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Degree Requirement Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Advertising
The appeal was dismissed because it was limited to reviewing the denial of a motion to reopen and reconsider. The AAO found the petitioner f...
Motion To Reopen Requirements Motion To Reconsider Requirements Specialty Occupation Definition Bachelor'S Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry
dismissed
H-1B
Electrical Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered "Business Manager" 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 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 as moot. A new petition for the same beneficiary was filed by the petitioner and subsequently approved, granting th...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not submit a brief or...
Failure To Identify Error In Appeal
dismissed
H-1B
Education
The appeal was dismissed because the issue was considered moot. A subsequent Form I-129 petition filed by the same petitioner for the same b...
Mootness
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the proffere...
Beneficiary Qualifications State Licensure Requirement Degree Requirement Experience Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D) 8 C.F.R. § 214.2(H)(4)(V)(A)
dismissed
H-1B
Computer Science
The appeal was dismissed as moot. The AAO found that because the beneficiary had already been approved for H-1B employment with a different ...
Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that it qualifies as a 'United States employer' by demonstrating it woul...
Employer-Employee Relationship United States Employer
dismissed
H-1B
Accounting
The motion to reopen and reconsider was denied, upholding the previous dismissal of the appeal. The petitioner failed to meet the requiremen...
Specialty Occupation
dismissed
H-1B
Information Technology
The motion to reopen was denied because the petitioner failed to submit new facts as required. The motion to reconsider was denied because t...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under section 104(c) of th...
Extension Of Stay Beyond Six-Year Limit Ac21 Eligibility Beneficiary'S Current Nonimmigrant Status Statutory Interpretation Of Ac21
dismissed
H-1B
Computer Science
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension of stay under the American Competitiveness in the Tw...
H-1B Extension Eligibility Ac21 Applicability Section 214(G)(4) 6-Year Limit
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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 Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Healthcare
The motion to reconsider was dismissed because it failed to meet the procedural requirements, specifically by not stating reasons or providi...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Computer Programming
The appeal was summarily dismissed as abandoned because the Petitioner failed to respond to a notice from the AAO within the required timefr...
Abandonment Failure To Respond To Notice
dismissed
H-1B
Computer Programming
The appeal was summarily dismissed as abandoned. The petitioner failed to respond to a notice from the AAO within the allotted timeframe, wh...
Abandonment Failure To Respond To Notice
sustained
H-1B
Healthcare
The appeal was sustained because the AAO found that the proffered position of a clinical-data-management statistician qualifies as a special...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of Computer Systems Analyst qualifies as a s...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Set Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'set designer' 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
dismissed
H-1B
Pharmacy
The appeal was dismissed because the petitioner, a retail pharmacy, failed to establish that the proffered position of management analyst qu...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the benefic...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Medicine
The appeal was dismissed because the issue was considered moot. Subsequent to the denial of the petition under appeal, the petitioner filed ...
dismissed
H-1B
Logistics
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not submit new facts that we...
Motion To Reopen Motion To Reconsider Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the issue was considered moot. After the initial denial, the petitioner filed a subsequent H-1B petition fo...
Mootness
dismissed
H-1B
Finance
The motion to reopen and reconsider was denied because the petitioner failed to meet the specific requirements for such a motion. The petiti...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'billing, cost and rate clerk' qualifie...
Normal Degree Requirement For 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
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of Financial Planning 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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of "Business Development Specialist" qualifi...
Degree Is Normal Minimum Requirement Degree Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Civil Engineering
The appeal was dismissed because the petitioner failed to file an amended petition with a new, certified Labor Condition Application (LCA) t...
Lca Certification Worksite Location Compliance Material Change In Employment Requirement For Amended Petition
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year ...
Ina § 214(G)(4) (H-1B 6-Year Limit) Ac21 § 106(A) (Extension Based On Lengthy Adjudication) Ac21 § 104(C) (Extension Based On Per-Country Limits)
dismissed
H-1B
Allied Health Education
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted her status to that of a lawful permanent resident,...
Failure To Pay Proffered Wage Violation Of Petition Terms And Conditions Mootness Due To Adjustment Of Status
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the benefic...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit. The beneficiary's prior a...
H-1B 6-Year Limit Ac21 Extension Eligibility Exemption For Beneficiaries With Approved Immigrant Petitions Exemption For Beneficiaries With Pending Labor Certifications Or Immigrant Petitions Revocation Of I-140 Petition
dismissed
H-1B
Veterinary Medicine
The appeal was dismissed because the underlying issue was deemed moot. The Beneficiary had already adjusted their status to that of a U.S. p...
Specialty Occupation
dismissed
H-1B
Software Development
The Director initially denied the petition for failing to establish that the proffered position of Software Designer Engineer in Test qualif...
Specialty Occupation Sufficient Work For The Period Of Employment Employer-Employee Relationship
dismissed
H-1B
Jewelry Wholesale
The appeal was dismissed because the petitioner failed to establish that the proffered position of Marketing Specialist qualifies as a speci...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Job Duties
dismissed
H-1B
Rehabilitation Services
The appeal was dismissed because the petitioner voluntarily withdrew the appeal. According to regulations, a withdrawal may not be retracted...
Withdrawal Of Appeal
dismissed
H-1B
Education
The petitioner requested to withdraw the appeal on August 18, 2015. The appeal was dismissed based solely on this withdrawal request, as wit...
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 Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Business Management
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 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 an aircraft technologies engineer qualifi...
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
Retail Sales
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Area Retail Sales and Operations Manage...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Food Manufacturing
The appeal was dismissed because the petitioner failed to establish that the proffered "Business Developer" position 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 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 as moot. The decision was not based on the merits of the case, but rather on the fact that the Beneficiary had alre...
Employer-Employee Relationship
dismissed
H-1B
Exercise Science
The appeal was dismissed because the petitioner, a private university, failed to establish that the proffered position of "Exercise Speciali...
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
Database Administration
The appeal was dismissed as moot. The petitioner requested to withdraw the petition after the initial decision was made, which, per regulati...
Withdrawal Of Petition
dismissed
H-1B
Healthcare
The appeal was dismissed because the issue was moot. After the initial petition was denied, the petitioner filed a new H-1B petition for the...
H-1B Cap Exemption Mootness Concurrent Employment
dismissed
H-1B
International Trade
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 Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Marketing
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating they would do so....
Failure To Identify Error On Appeal
remanded
H-1B
Market Research
The AAO remanded the case due to a procedural error by the Director. After initially approving the petition, the Director issued a notice of...
Specialty Occupation Procedural Standards For Revocation
dismissed
H-1B
Healthcare Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of "director of medical staff relations" qua...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Sales Engineering
The appeal was dismissed due to significant inconsistencies and discrepancies in the petition and supporting documents. The petitioner provi...
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
Education
The appeal was remanded because the AAO found a more fundamental, unresolved issue regarding the petitioner's qualification for an H-1B cap ...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education
dismissed
H-1B
Human Resources
The appeal was dismissed because the AAO upheld the Director's revocation of the petition. A post-approval site visit revealed that the bene...
Specialty Occupation Grounds For Revocation Misrepresentation Of Facts Beneficiary'S Actual Duties Wage Level
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'programmer analyst' qualifies as a spe...
Specialty Occupation Employer-Employee Relationship End-Client Work Requirements
dismissed
H-1B
Information Technology
The Director denied the petition because the petitioner failed to establish that specialty occupation work was available, that a valid emplo...
Specialty Occupation Employer-Employee Relationship Lca Correspondence
dismissed
H-1B
Biotechnology
The appeal was dismissed because the petitioner failed to describe the proffered 'pharmaceutical researcher' position with sufficient detail...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'electrical engineer' position qualifies as a speci...
Normal Minimum Requirement For The Position Common Industry Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Food Distribution
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'management analyst' position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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 motion to reopen was denied because the petitioner failed to provide new facts significant enough to change the outcome of the prior dec...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a software development and IT consulting firm, failed to establish that it would have a val...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Corporate Law
The Director initially denied the petition because the evidence did not establish that the proffered position of 'international mergers & ac...
Specialty Occupation
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered 'paralegal' position qualifies as a specialty occupat...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Labor Condition Application (Lca) Wage Level
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to prove the proffered 'law clerk' position qualifies as a specialty occupation. The ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered "law clerk" position qualifies as a specialty occupat...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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
Real Estate Investment
The appeal was dismissed because the petitioner failed to establish that the proffered 'business development specialist' position qualifies ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation position...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Sales Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales engineer' position qualifies as a specialty oc...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or... 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 AAO issued a request for evidence to the petitioner to resolve discrepancies with signatures on several documents. The petitioner did no...
Failure To Respond To Request For Evidence Abandonment
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the Petitioner failed to respond to a Request for Evidence issued by the AAO. This failure to res...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT staffing company, failed to prove that a specialty occupation position was available ...
Specialty Occupation Definition Availability Of Work At Time Of Filing Employer-Employee Relationship Evidence Of Job Duties From End-Client
dismissed
H-1B
Sales
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales supervisor' position qualifies as a specialty ...
Baccalaureate Or Higher Degree Is Normally The Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered Budget Analyst position qualifies as a specialty occu...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
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 rec...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed, upholding the Director's decision. The petitioner failed to establish that the proffered 'Software Engineer' posit...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Systems Analysis
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence after indicating they would do so. The petiti...
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 of 'systems integration and user acceptance ...
Specialty Occupation Bachelor'S Degree Or Higher In A Specific Specialty Beneficiary'S Qualifications Employer-Employee Relationship
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies a...
Specialty Occupation U.S. Employer
dismissed
H-1B
Beauty Salon
The appeal was dismissed because the petitioner, a small beauty salon, failed to establish that the proffered position of "Management Consul...
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
It Consulting
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that the proffered business analyst position qua...
Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of "Market Research Analyst" qualifies as a ...
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 Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Work Requirements Non-Speculative Work
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it had non-speculative, specialty occupation work for the beneficia...
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 firm, failed to provide sufficient evidence from the end-client where the ...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties
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