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 28 of 50
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not establish that the proffered 'QA engineer' position qualifies as a specialty occupat...
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'software engineer' qualifies as a spec...
Specialty Occupation Definition Baccalaureate Or Higher Degree Requirement Common Degree Requirement In Industry 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 'software engineer' position qualifies as a specialty...
Normal Degree Requirement For Position Industry Standard Degree Requirement 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 establish that the proffered 'programmer analyst' position qualifies as a specialt...
Specialty Occupation Employer-Employee Relationship Labor Condition Application (Lca) Consistency Complexity Of Duties
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 Employer-Employee Relationship
dismissed
H-1B
Computer Science
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 Labor Condition Application (Lca)
dismissed
H-1B
Behavioral Therapy
The appeal was dismissed because the petitioner failed to establish that the proffered position of an 'applied behavioral analysis (ABA) the...
Normal Minimum Requirement For Entry Employer Normally Requires A Degree
sustained
H-1B
Accounting
The appeal was sustained because upon de novo review, the petitioner provided sufficient evidence to overcome the director's denial. The AAO...
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 'software systems analyst' qualifies as a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that it met the regulatory definition of a 'United States employer.' Spe...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'computer programmer analyst' qualifies...
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 Associated With A Degree
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'software engineer' position qualifies as a specialty...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Nature Of The Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner did not establish that the proffered 'accounting associate' 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 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 intelligence analyst' qualifies...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Computer Science
The Director initially denied the petition based on the Beneficiary's qualifications. The AAO found that the Director erred by not first det...
Beneficiary Qualifications Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that sufficient, non-speculative specialty occupation work existed for t...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Software Development
The motion to reopen and reconsider was denied because the petitioner failed to overcome the prior dismissal's findings. The petitioner did ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Data Engineering
The appeal was dismissed because the beneficiary was found ineligible for the H-1B Master's Cap exemption. The beneficiary's U.S. master's d...
H-1B Cap Exemption Master'S Cap Accredited U.S. Institution Of Higher Education
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' is a specialty occup...
Normal Minimum Requirement Of A Baccalaureate Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex 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 'programmer analyst' at an end-client sit...
Specialty Occupation Availability Of Work For Requested Duration Employer-Employee Relationship
dismissed
H-1B
Human Resources
The motion to reopen was denied, upholding the prior dismissal of the appeal. The petitioner failed to establish that the proffered position...
Specialty Occupation Minimum Degree Requirement Industry Standard For Position
dismissed
H-1B
Information Technology
The motion to reopen and reconsider was denied, upholding the prior dismissal of the appeal. The petitioner failed to establish that the pro...
Position Qualifies As Specialty Occupation Beneficiary Qualifications Motion To Reopen Motion To Reconsider 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'computer programmer analyst' position qualifies as a...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered 'computer programmer analyst' position qualifies as a spe...
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 demonstrate that the proffered 'computer programmer analyst' 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 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 Labor Condition Application (Lca) Compliance And Prevailing Wage
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies a...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Similar Positions 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 'computer programmer analyst' 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 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 qualifies as a specialty occupation. The rec...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree Lca Occupational Classification And Prevailing Wage
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of "computer programmer analyst" 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 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
Operations Research
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations research analyst' position qualifies as a...
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 demonstrate that the proffered "programmer analyst" position qualifies as a specia...
Specialty Occupation Definition Employer-Employee Relationship Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a computer consulting firm, failed to establish that the proffered 'programmer analyst' pos...
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 establish that the proffered 'devops engineer' position qualifies as a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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, an IT consulting firm, failed to establish that it would have a valid employer-employee rel...
Employer-Employee Relationship Specialty Occupation Control Over Employee
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...
Normal Degree Requirement For Position Industry Standard Degree Requirement 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 'senior programmer analyst' position qualifies as a s...
Normal Minimum Requirement Of A Baccalaureate Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of Specific Duties Are Specialized And Complex Inconsistent Degree Requirements Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
Normal Degree Requirement For The Position 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
Computer Science
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's duties. The vague...
Specialty Occupation Definition Degree Is Normal Minimum Requirement Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to sufficiently describe the duties of the proffered 'programmer analyst' position, m...
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 failed to establish that the proffered 'software systems analyst' position qualified 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 Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to describe the duties of the proffered 'programmer analyst' position with sufficient...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Degree Requirement Duties Are So Specialized And Complex They Require 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...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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 describe the proffered 'programmer analyst' position with sufficient detail. The j...
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 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
Software Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the proffered software engineer position qualifies as a specialty...
Normal Degree Requirement For Position Industry Standard Or Unique/Complex Position Employer'S Normal Requirement Specialized And Complex Duties
remanded
H-1B
Computer Consulting
The Director initially denied the petition on the basis that the beneficiary was not qualified. The AAO found that the Director erred by not...
Beneficiary'S Qualifications Specialty Occupation Requirements (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specia...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
remanded
H-1B
Software Development
The Director's decision was withdrawn and the matter was remanded because the record did not support a finding that the proffered position o...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Complexity And Specialization Of Job Duties Commonality Of Degree Requirement In The Industry
dismissed
H-1B
Information Technology
The appeal was dismissed because the Petitioner did not establish that it qualifies as a 'United States employer' as defined by regulations....
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 Quality Assurance Engineer qualifies as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to describe the duties of the proffered 'programmer analyst' position with sufficient...
A Baccalaureate Or Higher Degree Is Normally The Minimum Requirement The Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique The Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'QA Analyst' qualifies as a specialty occ...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'application systems engineer' qualifies ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Software Development
The Director initially denied the petition, concluding the petitioner failed to establish that the proffered software engineer position qual...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Computer Science
The Director denied the petition because the evidence was insufficient to establish that the proffered 'senior software engineer' position q...
Specialty Occupation Requirements Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'senior software engineer' position qualifies as a sp...
Normal Degree Requirement For Position Industry Standard Degree Requirement 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 'software engineer' 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
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'senior software engineer' position qualifies as a sp...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Requires 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 establish that the proffered 'SAP consultant' position qualifies as a specialty oc...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary Qualifications
dismissed
H-1B
Janitorial Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations manager' position qualified as a specialt...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
Specialty Occupation Availability Of Specialty Occupation Work Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
remanded
H-1B
Computer Science
The Director's decision was withdrawn and the petition was remanded for a new decision. The AAO found that the petitioner provided multiple,...
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
Finance
The combined motion to reopen and reconsider was dismissed. The petitioner failed to meet the requirements for a motion to reopen by not pre...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Business Management
The motion to reconsider was denied because it failed to meet the legal standards for such a motion. The petitioner did not identify a speci...
Specialty Occupation Motion To Reconsider Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'software engineer' 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
Finance And Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business/financial analyst' qualifies as...
Normal Minimum Requirement For The Position Industry Standard For Parallel Positions Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate it had secured definite, non-speculative specialty occupation work for...
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 Availability Of Non-Speculative Work For The Entire Requested Employment Period
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'director of business development' position qualifies...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Complexity Of The Position Employer'S Normal Degree Requirement Specialized And Complex Nature Of The Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of "programmer analyst/computer systems an...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered 'systems engineer' position qualifies as a specialty occupatio...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Normal Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Software Development
The motion to reopen was denied because the petitioner did not present any new facts. The motion to reconsider was denied because it failed ...
Motion To Reopen Requirements Motion To Reconsider Requirements Violation Of Petition Terms
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner did not have a certified Labor Condition Application (LCA) for the requested employment peri...
Certified Labor Condition Application (Lca) Filing Requirement
dismissed
H-1B
Health Services
The motion to reopen was denied because the new evidence of business growth did not establish eligibility at the time of filing and was not ...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Restaurant Management
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence after indicating they would do...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Education
The appeal was summarily dismissed because the petitioner failed to submit a brief or a statement identifying any specific error of law or f...
8 C.F.R. § 214.2(H)(2)(I)(G) - Multiple Filings 8 C.F.R. § 103.3(A)(L)(V) - Failure To State Basis For Appeal
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to submit a brief, additional evidence, or a statement identifying any spec...
Specialty Occupation Employer-Employee Relationship Failure To State Basis For Appeal
dismissed
H-1B
Retail
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'administrative services manager' qualifi...
Normal Degree Requirement For The Position Degree Common To Industry / Position Is Complex Or Unique Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Budget Analysis
The appeal was dismissed because the petitioner failed to establish the 'budget analyst' position as a specialty occupation. The petitioner ...
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)
remanded
H-1B
Interior Design
The Director denied the petition by concluding the beneficiary was not qualified, without first determining if the proffered position itself...
Beneficiary Qualifications Specialty Occupation Definition Normal Degree Requirement For Position
dismissed
H-1B
Software Development
The Director denied the petition because the petitioner failed to establish that the proffered position of 'software engineer' qualifies as ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Computer Science
The Director denied the petition because the evidence was insufficient to establish that the proffered position of 'Network Systems Administ...
Normal Degree Requirement For Position Industry Standard Degree Requirement 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 'applications systems engineer' qualifies...
Normal Degree Requirement For The Position Industry-Common Degree Requirement Or Position Complexity/Uniqueness Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the Director properly revoked the petition's approval. The petitioner misrepresented the number of its empl...
Inaccurate Statement Of Facts Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'software test engineer' qualifies as a s...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Software
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business analyst' qualifies as a special...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered 'Software Engineer' position qualifies as a specialty...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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 failed to establish that the proffered 'software test engineer' position qualifies as a spec...
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
Gymnastics
The motions to reopen and reconsider were denied because they were filed after the 30-day regulatory deadline. The AAO found no authority to...
Timeliness Of Motion To Reconsider Timeliness Of Motion To Reopen Requirements For Motion To Reopen
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position of 'programmer analyst' qualifies as a specialty occu...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'QA tester' position qualifies as a specialty occupat...
Specialty Occupation Employer-Employee Relationship Specific Degree Requirement
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide an adequate job description that conveyed the substantive work to be perfo...
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 failed to demonstrate that the proffered position qualifies as a specialty occupation. The p...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Finance
The appeal was dismissed due to unresolved inconsistencies regarding the nature and scope of the proffered position. The job title, duties, ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Complexity Of Position 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 'senior software engineer' position qualifies as a sp...
Whether The Position Qualifies As A Specialty Occupation Whether A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement Whether The Degree Requirement Is Common To The Industry Whether The Employer Normally Requires A Degree For The Position Whether The Duties Are Specialized And Complex Whether The Beneficiary Is Qualified To Serve In A Specialty Occupation
dismissed
H-1B
Computer Science
The Director denied the petition after concluding the petitioner failed to establish that the proffered 'SAP consultant' position qualifies ...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca) Normal Degree Requirement For Position Industry Common Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish the proffered 'market research analyst' position qualifies as a specialt...
Normal Degree Requirement For The Particular Position Degree Requirement Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered position of 'computer programmer analyst' qualifies...
Normal Degree Requirement For Position Industry Common Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring Degree
dismissed
H-1B
Social Science Research
The appeal was dismissed because the petitioner did not establish that the proffered grant writer position qualifies as a specialty occupati...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
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