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 22 of 50
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a school system, failed to prove it qualified for an exemption from the H-1B numerical cap....
H-1B Cap Exemption Related Or Affiliated Nonprofit Entity Shared Ownership Or Control Cooperative
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner, an IT consulting firm, failed to prove the 'business analyst' position qualified 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, 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 Science
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'computer programmer 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, 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 on procedural grounds. The petitioner argued that the Director abused discretion and violated its rights by not gra...
Rfe Response Time Abuse Of Discretion Due Process
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting firm, failed to provide sufficient documentary evidence from the end-clien...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Work Requirements Non-Speculative Employment
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to prove its eligibility for an exemption from the annual H-1B numerical cap. The pet...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Employment At A Nonprofit Research Organization Employment At A Governmental Research Organization Beneficiary With A U.S. Master'S Or Higher Degree
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary, who was int...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a required brief or additional evidence after fili...
Failure To Identify Error On Appeal Failure To Submit Brief/Evidence
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position qualifies as a specialty occupation. The petitioner d...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties End-Client Work Requirements Non-Speculative Work
dismissed
H-1B
Law
The appeal was dismissed because the issue was deemed moot. A review of records indicated that the beneficiary had already adjusted their st...
Specialty Occupation Mootness
dismissed
H-1B
Accounting
The appeal was summarily dismissed as abandoned. The AAO requested the petitioner to verify its intent to pursue the appeal, but the petitio...
Abandonment Of Appeal
dismissed
H-1B
Financial Management
The appeal was dismissed because the petitioner failed to prove the Chief Financial Officer position qualified as a specialty occupation. Th...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Past Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because USCIS conducted site visits and discovered that the petitioning company did not exist at the location speci...
Inaccurate Statements On Form I-129 Grounds For Revocation On Notice Violation Of Labor Condition Application (Lca) Terms Inconsistent Information Regarding Worksite Location Findings From Uscis Site Visits
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 ...
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 prove it was not a related entity to another company that also filed an H-1B petit...
Multiple H-1B Filings By Related Entities Specialty Occupation
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
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 Management
The motion to reconsider was denied because the petitioner failed to establish that the proffered 'hospitality manager' position qualifies a...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Insurance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'technical translator' qualifies as a spe...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an IT consulting firm, failed to prove the proffered 'computer programmer analyst' position...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Evidence For Third-Party Placements
dismissed
H-1B
Business Development
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a notice of intent to dismiss and request for ev...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Research
The Director initially denied the petition for failing to establish that the beneficiary qualified for an H-1B cap exemption. The AAO summar...
H-1B Cap Exemption Proper Filing Of Appeal
remanded
H-1B
Computer Science
The Director's decision to revoke the petition was based on significant factual errors, including incorrect information about the employment...
Payment Of Proffered Wage
dismissed
H-1B
Restaurant Management
The motion to reopen and reconsider was denied on procedural grounds. The AAO determined that a petitioner cannot file a motion with the Ser...
Specialty Occupation Procedural Rules For Motions And Appeals
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'computer programmer' 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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'software 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 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
Accounting
The appeal was dismissed because the petitioner failed to prove the proffered staff accountant position qualifies as a specialty occupation....
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, an IT consulting firm, failed to establish that the proffered position of 'computer program...
Normal Degree Requirement For The Position Degree Is 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
Systems Analysis
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not present new facts establ...
Motion To Reopen Requirements Motion To Reconsider Requirements Specialty Occupation Definition
dismissed
H-1B
Industrial Design
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was qualified for the specialty occupation. The p...
Beneficiary'S Qualifications Degree Equivalency Through Education And Experience 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'computer programmer analyst' qualifies...
Specialty Occupation Definition Baccalaureate Or Higher Degree Requirement Common To Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered "area coach operations-in training" position qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Marketing
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not submit a brief or a...
Summary Dismissal Procedure (8 C.F.R. § 103.3(A)(1)(V)) Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a for-profit company, failed to establish that the beneficiary qualified for an H-1B cap ex...
H-1B Cap Exemption Employment At An Institution Of Higher Education
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that definite, non-speculative specialty occupation work would exist for...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Availability Of Specialty Occupation Work Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove it was not a related entity to another company that filed a nearly identical...
Multiple H-1B Filing Specialty Occupation
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to demonstrate that the proffered computer programmer position qualifies as a special...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Business
The motion on a previously dismissed appeal was denied because the petitioner failed to establish that the proffered 'business/import analys...
Specialty Occupation Minimum Educational Requirements
dismissed
H-1B
Medical Equipment
The appeal was dismissed because the petitioner did not establish that the proffered 'health researcher' position qualifies as a specialty o...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties Degree In A Specific Specialty
dismissed
H-1B
Legal Research
The appeal was dismissed because the petitioner did not establish that the proffered position of 'director of overseas operations' qualifies...
Normal Degree Requirement For Position Degree Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'general manager' position qualifies as a specialty o...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Accounting And Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accounting and financial analyst' qualif...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'associate systems administrator' position qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed
H-1B
Web Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'web developer' position qualified as a specialty occ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'computer programmer analyst' qualifies...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Insurance
The appeal was dismissed because the petitioner, an insurance provider, failed to demonstrate that the proffered part-time 'budget analyst' ...
Normal Minimum 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 That They Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'business development manager' position qualifies as ...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
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
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of Computer Systems Analyst qualifies as a s...
Normal Minimum Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to provide sufficiently detailed job duties to demonstrate the position qualified 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
Management Consulting
The appeal was dismissed due to unresolved inconsistencies regarding the nature of the proffered position. The petitioner used multiple, dis...
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
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'software developer' position qualifies as a specia...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
sustained
H-1B
Digital Marketing
The appeal was sustained because upon de novo review, the AAO found that the petitioner had overcome the basis for the director's denial. Th...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The Director initially denied the petition for three reasons: failure to establish a valid employer-employee relationship, failure to prove ...
Employer-Employee Relationship Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Computer Science
The appeal was dismissed because of numerous inconsistencies and discrepancies in the petition which undermined the petitioner's credibility...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Business Management
The combined motion to reopen and reconsider was denied. The motion to reopen was denied for failing to present new facts, and the motion to...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered 'computer programmer analyst' position qualified as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Work Requirements
dismissed
H-1B
E-Commerce
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'e-commerce business and operations manag...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Normal Minimum Degree Requirement For The Position Whether A Business Administration Degree Is Sufficiently Specialized
dismissed
H-1B
Health Care
The appeal was dismissed because the petitioner failed to establish that it qualifies for an exemption from the H-1B numerical cap. The peti...
H-1B Cap Exemption Nonprofit Entity Affiliated With An Institution Of Higher Education Shared Ownership Or Control Operation By An Institution Of Higher Education
dismissed
H-1B
Aircraft Parts Wholesale
The appeal was dismissed because the petitioner failed to prove the proffered position of 'purchasing agent' qualifies as a specialty occupa...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Accounting
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating they would do so....
Specialty Occupation Summary Dismissal Failure To Identify Error
remanded
H-1B
Information Technology
The appeal was remanded because the Director incorrectly denied the petition by first analyzing the beneficiary's qualifications rather than...
Specialty Occupation Definition Beneficiary Qualifications Position Requires A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Sales
The appeal was dismissed because the matter was considered moot, as a separate H-1B petition for the same beneficiary and petitioner had alr...
Mootness Failure To Respond
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove that the proffered 'software engineer' position qualifies as a specialty occ...
Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Wireless Communications
The appeal was dismissed because the Director's decision to revoke the petition was upheld. The petitioner violated the terms of the approve...
Revocation On Notice Lca Compliance Worksite Location Short-Term Placement Rules Violation Of Petition Terms
dismissed
H-1B
Equipment Manufacturing
The appeal was dismissed because the petitioner failed to demonstrate that the proffered Market Research Analyst position qualifies as a spe...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Specialized And Complex Duties
dismissed
H-1B
Medicine
The appeal was dismissed because the Director properly revoked the petition's approval. The record contained numerous inconsistencies regard...
Grounds For Revocation Veracity Of Petition Statements Consistency Of Job Offer Details
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary, who was to ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the Director's decision to revoke the petition's approval was found to be correct. The grounds for revocati...
Specialty Occupation Revocation Of Approval Material Change In Employment
dismissed
H-1B
Healthcare
The motion to reconsider was denied, upholding the appeal's dismissal. The petitioner failed to address one of the two original grounds for ...
Specialty Occupation Bona Fide Job Offer Non-Speculative Work
dismissed
H-1B
Business
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 Industry Standard Degree Requirement Or Position Is Complex/Unique 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 'Systems Administrator' qualifies as a sp...
Specialty Occupation Lca Correspondence
dismissed
H-1B
Hotel Business
The appeal was dismissed because the petitioner failed to prove that the proffered 'hotel manager' position qualifies as a specialty occupat...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Specialty Occupation Beneficiary Qualifications Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Communications
The appeal was summarily dismissed because the petitioner failed to submit a brief, additional evidence, or any statement identifying a spec...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact For Appeal
dismissed
H-1B
Equine Therapy
The appeal was dismissed because the petitioner failed to establish that it was exempt from the H-1B statutory cap. The petitioner, a nonpro...
H-1B Cap Exemption Specialty Occupation
remanded
H-1B
Transportation
The Director revoked the petition's approval because the beneficiary was deemed unqualified for the position. The AAO found that the Directo...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Logistics Services
The appeal was dismissed because the petitioner did not establish that the proffered position of 'administrative services coordinator' quali...
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
Medical Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'medical services manager' 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 The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove the proffered position of 'senior computer network specialist' qualifies as ...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Cloud Computing Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'product sales strategist' position qualifies as a sp...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not establish that it would have a valid employer-employee relationship with the benefic...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Information Technology
The Director initially denied the petition because the petitioner failed to submit an evaluation of the Beneficiary's foreign degree. On app...
Beneficiary Qualifications Foreign Degree Evaluation
dismissed
H-1B
Accounting
The appeal was dismissed because the Petitioner failed to establish that the proffered "staff accountant" 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 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
Medical Technology
The appeal was dismissed because the petitioner, a nonprofit health consortium, did not establish it qualified for the H-1B cap exemption. T...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Shared Ownership Or Control Operation By An Institution Of Higher Education
dismissed
H-1B
Software Engineering
The appeal was summarily dismissed as abandoned because the Petitioner failed to respond to the AAO's Request for Evidence (RFE). The RFE re...
Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to provide a basis for the appeal. After stating on the Form I-290B that a ...
Summary Dismissal For Failure To State Basis Of Appeal
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist and that the ben...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Educational Consulting
The appeal was dismissed because the petitioner failed to prove the proffered "market research analyst" position qualifies as a specialty oc...
Normal Degree Requirement For Position Industry Standard Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Accounting
The appeal was remanded because the petitioner had not established that the proffered accountant position qualifies as a specialty occupatio...
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
Physical Therapy
The appeal was dismissed because the petitioner, a healthcare staffing service, failed to demonstrate that a valid employer-employee relatio...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
dismissed
H-1B
Hospitality
The appeal was dismissed because the petitioner, a small hotel with only eight employees, failed to establish that the proffered position of...
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
Technology Consulting
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that specialty occupation work was avail...
Specialty Occupation Availability Of Work Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Sports Coaching
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered position of assistant tennis coach qualifies as a s...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The Director denied the petition, concluding that the Petitioner failed to demonstrate both that the proffered position for a software engin...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Recruiting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'executive recruiter' 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, 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 demonstrate it had sufficient specialty occupation work for the beneficiary for th...
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
Hardware Engineering
The appeal was dismissed because the Director properly revoked the petition's approval, which was found to involve gross error. The petition...
Multiple H-1B Filings Legitimate Business Need Related Entities Employer-Employee Relationship
dismissed
H-1B
Floral Design
The appeal was dismissed because the petitioner failed to establish that the proffered position of community relations coordinator qualifies...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Logistics
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was incorrect based on the evidenc...
Specialty Occupation
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