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 27 of 50
dismissed
H-1B
Aerospace Engineering
The Director revoked a previously approved H-1B petition after finding that the petitioner did not compensate the beneficiary with a wage eq...
Wage Requirement Revocation Authority Labor Condition Application (Lca)
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner did not establish that the proffered part-time accountant position qualified as a specialty ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to establish the existence of a genuine in-house project. The submitted project docum...
Specialty Occupation Availability Of Work For The Entire Validity Period Validity Of In-House Project Speculative Employment Grounds For Revocation
dismissed
H-1B
Dentistry
The appeal was dismissed because the petitioner and another entity were deemed to be 'related entities' that filed duplicate H-1B petitions ...
Multiple Petitions By Related Entities Legitimate Business Need Properly Filed Petition
dismissed
H-1B
Dentistry
The appeal was dismissed because the petitioner and another company were found to be related entities that filed multiple petitions for the ...
Multiple Petitions By Related Entities Legitimate Business Need Proper Filing
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 Definition Bachelor'S Or Higher Degree Requirement Normal Minimum Requirement For The Position Industry Standard For Parallel Positions Employer'S Normal Hiring Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Dentistry
The appeal was dismissed because the AAO determined the petitioner and another company were "related entities" that improperly filed multipl...
Multiple Petitions By Related Entities Legitimate Business Need Credible Offer Of Employment Concurrent Employment Acwia Fee
dismissed
H-1B
Tax Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'senior analyst - tax technology' 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 The Employer'S Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Nonprofit Management
The appeal was dismissed because the petitioner provided inconsistent educational requirements for the position, at times stating a bachelor...
Normal Degree Requirement Industry Standard/Position Complexity Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. Although the petitioner indicated on the a...
Failure To Identify Specific Error Of Law Or Fact
dismissed
H-1B
Computer Science
The appeal was dismissed due to numerous unresolved inconsistencies in the record regarding the beneficiary's actual job duties, assigned pr...
Specialty Occupation Employer-Employee Relationship Inconsistencies In The Record
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements. The petitioner did not provide a state...
8 C.F.R. § 103.3(A)(L)(V)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish the position qualifies as a specialty occupation. The stated educational...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The Degree Requirement Is Common To The Industry The Employer Normally Requires A Degree For The Position The Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Computer Science
The appeal was summarily dismissed because the Petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To Identify Erroneous Conclusion Of Law Or Fact For Appeal
remanded
H-1B
Information Technology
The matter was remanded because the petitioner did not establish that the proffered position qualifies as a specialty occupation. The record...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'senior software engineer' qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Computer Programming
The appeal was summarily dismissed because the petitioner failed to provide a statement or brief identifying a specific erroneous conclusion...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered software developer position qualifies as a specialty ...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish the proffered position is a specialty occupation. The petitioner submitt...
Specialty Occupation Definition Lca Correspondence To Position And Wage Consistent Minimum Educational Requirement Sufficiency Of Job Duty Description
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
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 did not establish that the proffered position qualifies as a specialty occupation. The AAO d...
Normal Minimum Degree Requirement
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered 'software developer' position qualifies as a specialty oc...
Normal 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
Computer Science
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered position qualified as a specialty occupation. The 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
Convention And Trade Show Organization
The appeal was dismissed because the petitioner failed to establish that the proffered 'budget analyst' position qualifies as a specialty oc...
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
Graphic Design
The appeal was dismissed because the petitioner failed to establish that the proffered graphic designer position qualified as a specialty oc...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties
remanded
H-1B
Physical Therapy
The appeal was remanded because although the AAO found the petitioner established the beneficiary's temporary eligibility for licensure, it ...
Specialty Occupation Beneficiary Qualifications (Licensure) Availability Of Work Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an information technology solutions provider, failed to establish it would have a valid emp...
Employer-Employee Relationship
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small supermarket, failed to establish that the proffered accountant position qualifies a...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'associate quality professional' qualifie...
Specialty Occupation Bachelor'S Degree In A Specific Specialty Employer-Employee Relationship Availability Of Work For The Requested Period
dismissed
H-1B
Vocational Training
The appeal was dismissed because the petitioner failed to establish that the proffered 'training and development specialist' position qualif...
Normal Degree Requirement For The Position Industry-Common Degree Requirement Or Unique Position Employer'S Normal Degree Requirement 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 analyst' is a specialty occupa...
Normal Degree Requirement For The Position Industry Standard For Parallel Positions Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a non-profit charter school, failed to prove it was exempt from the H-1B numerical cap. The...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Shared Ownership Or Control Operation By An Institution Of Higher Education Attachment As A Member, Branch, Cooperative, Or Subsidiary
remanded
H-1B
Software Engineering
The appeal was remanded because the record did not establish that the proffered position qualifies as a specialty occupation or that the Pet...
Specialty Occupation Beneficiary Qualifications Employer-Employee Relationship Non-Speculative Work
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'visual and digital illustrator' qualifies as...
Normal Degree Requirement For Position Industry Standard For Similar Positions Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of "public relations specialist" qualifies a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Management Consulting
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position as a specialty occupa...
Specialty Occupation Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Management Consulting
The appeal was sustained because upon de novo review, it was determined that the proffered position's duties are so specialized and complex ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Software Development
The appeal was summarily dismissed on procedural grounds. The petitioner indicated they would submit a brief or additional evidence but fail...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the Petitioner failed to identify a specific, erroneous conclusion of law or statement of fact in...
Procedural Requirements For Appeal
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the Petitioner failed to identify a specific, erroneous conclusion of law or statement of fact in...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Software Development
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 Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered "programmer analyst" position qualifies as a specialt...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity Of Duties Requiring A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided multiple, inconsistent descriptions of the proffered position's job title, duties, ...
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 provided numerous inconsistent job titles, job descriptions, and educational requirements fo...
Normal Minimum Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided multiple inconsistent descriptions of the proffered position, including varying job...
Baccalaureate Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided inconsistent and varied information regarding the proffered position's job title, d...
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 provided inconsistent information regarding the beneficiary's job title, duties, and minimum...
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 provided inconsistent information regarding the job title, duties, and minimum educational r...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Complexity Of The Position Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided multiple inconsistent descriptions of the job title, duties, and minimum educationa...
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 provided multiple inconsistent job titles, job descriptions, and educational requirements fo...
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 provided numerous inconsistent job titles, job descriptions, and educational requirements fo...
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 provided multiple inconsistent descriptions of the job title, duties, and educational requir...
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 Director correctly found that the Petitioner did not establish a valid employer-employee relationship. ...
Employer-Employee Relationship
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided inconsistent and contradictory information regarding the proffered position's job t...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided multiple, inconsistent descriptions of the proffered position. Significant variance...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner provided inconsistent and varied information regarding the proffered position's job title, d...
Normal Degree Requirement For The Position Industry-Common Degree Requirement Or Position Complexity 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 'sales manager' position qualifies as a specialty occ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it had secured definite, non-speculative, H-1B caliber work for the...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Specialty Occupation Employer-Employee Relationship Normal Minimum Degree Requirement
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of "computer systems analyst-QA" qualifies...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer systems analyst-QA' qualifies a...
Normal Degree Requirement For Position Common Degree Requirement For Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Support
The appeal was dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Deny (NOID). The NOID requested evid...
Abandonment Failure To Respond To Noid Business In Good Standing Specialty Occupation
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner failed to establish that the proffered 'market analyst' 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 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 provided inconsistent information regarding the proffered position's job title, duties, and ...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To Identify Error On Appeal
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 i...
8 C.F.R. § 103.3(A)(1)(V)
dismissed
H-1B
Culinary Arts
The appeal was summarily dismissed on procedural grounds. The Petitioner stated they would submit a brief or additional evidence within 30 d...
8 C.F.R. § 103.3(A)(1)(V) (Failure To Identify Error)
dismissed
H-1B
Computer Science
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petit...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Computer Science
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to identify a specific erroneous conclusion of law or statem...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the Petitioner failed to submit a brief or any additional evidence after filing the appeal. The P...
Failure To Identify Specific Error Of Law Or Fact
dismissed
H-1B
Retail Management
The appeal was dismissed because the petitioner, a retail clothing company, failed to establish that the proffered 'general manager' positio...
Normal 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
Design
The appeal was dismissed because the petitioner failed to establish that the proffered 'senior designer' position qualifies as a specialty o...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that specialty occupation work was available for the beneficiary for 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 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 Development
The appeal was dismissed because the petitioner failed to establish that the proffered "programmer analyst" position qualifies as a specialt...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence detailing the specific duties the beneficiary would pe...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner filed two separate H-1B petitions for the same beneficiary in the same fiscal year, which is...
Prohibition On Multiple H-1B Filings
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner filed two H-1B petitions for the same beneficiary in the same fiscal year, in violation of r...
Multiple H-1B Filings Prohibition (8 C.F.R. § 214.2(H)(2)(I)(G))
dismissed
H-1B
Budget Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'budget analyst' position qualifies as a specialty oc...
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 summarily dismissed because the petitioner failed to meet procedural requirements. After indicating that a brief or additiona...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Specialty Occupation Availability Of H-1B Caliber Work
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not establish that the proffered position of 'programmer analyst' qualifies as a special...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Complexity And Specialization Of Job Duties End-Client Work Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed for two primary reasons. First, the petitioner failed to establish that the beneficiary's U.S. master's degree was ...
Master'S Cap Exemption Nonprofit Status Of Educational Institution Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it had secured definite, non-speculative work for the beneficiary a...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Non-Speculative Work Itinerary Of Services
dismissed
H-1B
Healthcare Management
The motion to reopen and reconsider was denied because the petitioner's new evidence was insufficient to establish the position as a special...
8 C.F.R. § 214.2(H)(4)(Iii)(A) Specialty Occupation Definition Material Change In Employment Compliance With Terms And Conditions Of Petition
dismissed
H-1B
Information Technology
The appeal was dismissed because the beneficiary was not exempt from the H-1B cap. Although a previous H-1B petition was approved for the be...
H-1B Cap Exemption Previously Counted Against The Cap Revocation Of Prior Unused Petition Holding H-1B Status
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered computer programmer position qualifies as a specialty...
Specialty Occupation Definition Availability Of Non-Speculative Work Beneficiary Qualifications
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a public school system, failed to establish it qualified for an H-1B cap exemption. The pet...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education
dismissed
H-1B
Technical Sales
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'technical sales representative' 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 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 summarily dismissed as abandoned. After discovering that another employer's H-1B petition for the same beneficiary had been a...
Abandonment Employer-Employee Relationship
sustained
H-1B
Accounting
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...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish two key points. The Director concluded, and the ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Mechanical Engineering
The appeal was dismissed because the petitioner, a computer consulting company, failed to demonstrate that the proffered position of mechani...
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
Childcare
The appeal was dismissed because the petitioner failed to establish that the proffered 'administrator' position at a childcare center qualif...
Normal Minimum Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'project 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 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 upon de novo review, the AAO found that the petitioner had overcome the basis for the director's denial. Th...
Itinerary Requirement Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the Petitioner failed to submit a brief or statement that specifically identified an erroneous co...
Failure To Identify Error In Appeal
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'business development associate' qualif...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Management Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'management/operation planning analyst' position qual...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Hospitality
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 Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
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