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 26 of 50
dismissed
H-1B
Energy And Finance Consulting
The appeal was dismissed because the petitioner did not establish it qualifies as a 'United States employer' by demonstrating a valid employ...
United States Employer Employer-Employee Relationship
dismissed
H-1B
Telecommunications
The appeal was dismissed because the Director correctly found that the evidence did not establish that the beneficiary was qualified for the...
Beneficiary Qualifications Specialty Occupation Position
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish two key points: that a valid employer-employee relationship would exist ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Market Research Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'Telecommunications Research Analyst' position qualif...
Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish eligibility on two grounds. The Director found, and the AAO agreed, that...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Sports Coaching
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Assistant Men's Golf Coach' qualifies as...
Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship or that the proffered position qu...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Oracle Database Administrator' qualifies...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Not Specified
The appeal was dismissed because the H-1B petition was subject to the annual numerical cap, which had already been reached for the fiscal ye...
H-1B Numerical Cap Cap Exemption Based On Prior H-1B Status H-1B Portability
dismissed
H-1B
Healthcare Staffing
The appeal was dismissed because the petitioner failed to establish that the proffered position of healthcare recruiter 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
Business Operations
The motion to reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not state the reasons for r...
Specialty Occupation Motion To Reconsider Requirements
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner incorrectly claimed the beneficiary was eligible for the H-1B Master's Cap exemption. The be...
H-1B Master'S Cap Exemption Definition Of U.S. Institution Of Higher Education Grounds For Revocation Material Misrepresentation
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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Programmer Analyst/.NET Developer' quali...
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 Systems Analysis
The appeal was dismissed because the petitioner failed to establish that a bona fide job offer existed for the beneficiary for the entire re...
Bona Fide Job Offer Sufficiency Of Work For Requested Period Validity Of Statement Of Work (Sow)
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 Availability Of Specialty Occupation Work
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Software Quality Assurance Engineer' qua...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties 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 Consulting
The petition's approval was revoked after a site visit indicated the beneficiary was no longer employed as specified, and the petitioner did...
Specialty Occupation Sufficient Work Violation Of Petition Terms Failure To Respond To Request For Evidence Truthfulness Of Statements
dismissed
H-1B
Unknown
The appeal was dismissed because the beneficiary's master's degree did not qualify for the H-1B Master's Cap exemption. The degree-granting ...
H-1B Cap Master'S Cap Exemption Accreditation Of Degree-Granting Institution Definition Of U.S. Institution Of Higher Education
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to overcome the Director's original grounds for denial. The Director found that the p...
Specialty Occupation Employer-Employee Relationship Validity Of Lca
dismissed
H-1B
Gems & Jewelry
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To State Grounds For Appeal Timely Certified Labor Condition Application (Lca) Availability Of Specialty Occupation Work
dismissed
H-1B
Computer Software Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'JAVA Software Engineer' position qualifies as a spec...
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 Analyst qualifies as a specialty...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity Of Duties Requiring A Degree Beneficiary'S Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the Director's grounds for denial. The Director found the petitioner did ...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Wholesale And Retail
The appeal was dismissed because the petitioner, a small wholesale and retail business, failed to establish that the proffered position of c...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Publishing
The appeal was dismissed because the petitioner failed to establish that the proffered position of Editorial Assistant qualifies as a specia...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Ecommerce
The appeal was dismissed because the petitioner failed to establish that the proffered 'Sales Engineer' position qualifies as a specialty oc...
Specialty Occupation
dismissed
H-1B
Stone Manufacturing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Internal Auditor and Bookkeeper' qualifi...
Normal Degree Requirement For Position Industry-Common Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Gymnastics
The combined motion to reopen and reconsider was dismissed because it was filed late, 49 days after the decision, exceeding the 33-day limit...
Extension Of Stay Beyond Six-Year Limit (Ac21) Timely Filing Of Extension Petition Timely Filing Of Motion To Reopen/Reconsider
dismissed
H-1B
Export
The motion to reopen was dismissed because it failed to meet the procedural requirements. The petitioner's claim of inadequate representatio...
Specialty Occupation Motion To Reopen Requirements Ineffective Assistance Of Counsel Claim
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
Failure To Identify Specific Error On Appeal
dismissed
H-1B
Human Resources
The Director denied the petition, concluding that the petitioner failed to establish that the proffered position of 'human resources general...
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 Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Degree
remanded
H-1B
It Advisory
The Director's initial denial, based on the failure to establish an employer-employee relationship, was withdrawn by the AAO. However, the c...
Employer-Employee Relationship Specialty Occupation Requirements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'QA engineer' position qualifies as a specialty occ...
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 Programming
The appeal was summarily dismissed because the Petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To State Basis For Appeal
dismissed
H-1B
Software Development
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to submit a brief or any additional evidence after filing th...
Failure To Identify Specific Error Of Law Or Fact
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact fro...
Failure To State Basis For Appeal
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. By not id...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'global marketing operations manager' qua...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position'S Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of a supply chain analyst qualifies as a spe...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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 failed to establish that it would have a valid employer-employee relationship with the benef...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the Director's findings. The Director had concluded that the record did n...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Business Administration
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business process improvement specialist'...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Structural Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'steel detailer' qualifies as a specialty...
Normal Minimum Requirement For The Position Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Nature Of Duties Is Specialized And Complex
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner, a non-profit health care center, failed to demonstrate it was exempt from the H-1B numerica...
H-1B Cap Exemption Affiliated Nonprofit Entity Shared Ownership Or Control Operation By An Institution Of Higher Education
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner did not establish that the proffered 'cost analyst' position qualifies as a specialty occupa...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Industry Standard Or Position Complexity 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer'S Normal Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the notice of appeal....
Failure To Identify Specific Error Of Law Or Fact
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it would have a valid employer-employee relationship with the benef...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The Director denied the petition, concluding that the petitioner did not establish a valid employer-employee relationship with the beneficia...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Healthcare Software
The appeal was dismissed because the petitioner failed to establish that the proffered 'EMR business 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 The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Accounting
The appeal was sustained because the petitioner provided sufficient evidence on appeal to overcome the director's initial findings. The AAO ...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Accounting
The appeal was sustained because the petitioner successfully overcame the director's grounds for denial. Upon de novo review, the AAO found ...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it would have a valid employer-employee relationship with the benef...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Technology
The appeal was summarily dismissed for procedural reasons. The petitioner stated they would submit a brief or additional evidence but failed...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Computer Science
The appeal was dismissed primarily because the petitioner, a consulting company, failed to identify the end-clients or provide evidence of t...
Normal Degree Requirement Industry Standard Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, an individual entrepreneur, failed to establish that the proffered position of a household ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Industrial Production
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'general (industrial) production manager' position ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Accounting
The appeal was sustained because upon de novo review, the totality of the evidence, including new evidence submitted on appeal, established ...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered 'systems analyst' position qualifies as a specialty...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For The Position
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner did not establish that it would engage the beneficiary in a valid employer-employee relation...
Employer-Employee Relationship Itinerary
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner did not submit a brief, additional evidence, or a statement identifying a specific...
Specialty Occupation Failure To State Basis For Appeal
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation and that...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'mechanical engineer' qualifies as a spec...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard For Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Mortgage Brokerage
The appeal was dismissed because the petitioner failed to establish that the proffered mortgage loan processor position qualifies as a speci...
Normal Degree Requirement For Position Industry Common Degree Requirement Or Unique Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Construction
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'market research analyst' position qualifies as a s...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The p...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'consultant - quality assurance analyst' ...
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
Clothing Retail
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist. The Director co...
Employer-Employee Relationship
dismissed
H-1B
Wildlife Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'ranch manager' position qualifies as a specialty o...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require Knowledge Associated With A Degree
dismissed
H-1B
Computer Software
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that the proffered position 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
Engineering Services
The appeal was dismissed because the petitioner failed to establish it had non-speculative specialty occupation work for the beneficiary for...
Specialty Occupation Availability Of Work For The Requested Period Employer-Employee Relationship
dismissed
H-1B
Dentistry
The appeal was dismissed because the issues were deemed moot. The beneficiary had already adjusted their status to that of a lawful permanen...
H-1B Cap Exemption Filing Fee Mootness Due To Adjustment Of Status
remanded
H-1B
Software Development
The appeal was remanded on procedural grounds. The AAO found that the Director sent the Petitioner the wrong decision; while the cover page ...
Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was dismissed as moot. The AAO noted that the petitioner had filed another H-1B petition for the same beneficiary which was subse...
H-1B Cap Exemption
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'data analyst' position qualifies as a specialty occu...
Statutory Definition Of Specialty Occupation (Ina § 214(I)(1)) Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Industry Standard Degree Requirement Or Position Complexity (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Employer'S Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(3)) Specialized And Complex Nature Of Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)) Beneficiary'S Qualifications For The Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The Directo...
Employer-Employee Relationship United States Employer Definition
dismissed
H-1B
Software Engineering
The appeal was dismissed as moot. The Director had initially denied the petition, concluding the beneficiary was no longer exempt from the H...
H-1B Cap Exemption
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed in a specialty occupation, violating the t...
Revocation Grounds Specialty Occupation Definition
dismissed
H-1B
Health And Wellness
The appeal was dismissed because the petitioner did not establish that the proffered position of 'Spa Healthcare Manager' 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
Software Engineering
The appeal was dismissed because the petitioner did not establish that the proffered position for a senior software engineer qualifies as a ...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of financial manager 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
E-Commerce
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'marketing and business development analy...
Normal Degree Requirement For Position Common Industry 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 "systems engineer" position qualifies as a specialty ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity Of Duties Requiring A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'programmer analyst' qualifies as a spe...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Web Design
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'project manager' 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
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position of 'senior Citrix engineer' qualifies as a specialty ...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Education
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 Employer'S Normal Degree Requirement
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to establish the substantive nature of the work the Beneficiary would perform. The Pe...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner did not establish eligibility at the time of filing. The beneficiary's original work assignm...
Specialty Occupation Employer-Employee Relationship Material Change In Employment
dismissed
H-1B
Physical Therapy
The appeal was dismissed because the petitioner, a healthcare staffing company, failed to establish that it had sufficient specialty occupat...
Specialty Occupation Employer-Employee Relationship Non-Speculative Work
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
Specialty Occupation
dismissed
H-1B
Physical Therapy
The appeal was dismissed because the petitioner failed to establish that non-speculative specialty occupation work would be available for th...
Specialty Occupation Non-Speculative Work Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to identify any specific, erroneous conclusion of law or statement of fact ...
8 C.F.R. § 103.3(A)(L)(V) - Failure To Identify Erroneous Conclusion Of Law Or Fact
sustained
H-1B
Education
The initial petition was denied because the Beneficiary lacked the required state teaching license. On appeal, the Petitioner submitted a ne...
Beneficiary Qualifications Licensure Requirement
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing manager' position qualified as a specialty...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Or Uniqueness Of The Position Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
remanded
H-1B
Computer Science
The petitioner successfully overcame the initial reason for denial, which was that the beneficiary had exceeded the six-year H-1B limit. How...
H-1B Six-Year Limit Extension Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Electrical Engineering
The motions to reopen and reconsider were denied on procedural grounds. The petitioner failed to state new facts for the motion to reopen or...
Motion To Reopen Motion To Reconsider
dismissed
H-1B
Electrical Contracting
The motion to reconsider was denied because the petitioner's central argument, that USCIS should have given deference to a prior approval ba...
Specialty Occupation Deference To Prior Approvals
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not demonstrate that it would mainta...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed due to significant inconsistencies in the record regarding the beneficiary's job duties, assigned projects, and the...
Specialty Occupation Employer-Employee Relationship
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