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 29 of 50
dismissed
H-1B
Business Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'director of business development' qualif...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Uniqueness Of Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish it meets the regulatory definition of a U.S. employer. Specifically, the...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Manufacturing
The appeal was dismissed because the petitioner failed to prove the proffered 'market analyst' position qualifies as a specialty occupation....
Normal Minimum Requirement For The Position Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'accountant' position qualifies as a specialty occupa...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Nature Of Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered "programmer analyst" position qualifies as a specia...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Operations Research
The appeal was dismissed as moot. The decision notes that the beneficiary had already adjusted their status to that of a lawful permanent re...
Multiple H-1B Filings Specialty Occupation
dismissed
H-1B
Financial Services
The appeal was dismissed as moot because the beneficiary had already adjusted their status to that of a lawful permanent resident. The initi...
Multiple Filings
dismissed
H-1B
Marketing Research
The appeal was dismissed because the petitioner failed to prove that the proffered 'marketing research analyst' 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
Fashion
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 Particular Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position 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 'systems analyst' position qualifies as a specialty...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
remanded
H-1B
Research
The Director denied the petition, stating the petitioner, as a nonprofit research organization, was already exempt from the H-1B cap and cou...
H-1B Cap Exemption (Nonprofit Research Organization) H-1B Cap Exemption (Us Master'S 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
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The AAO fou...
Employer-Employee Relationship Specialty Occupation Regulatory Filing Requirements
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
Business Intelligence
The appeal was dismissed because the petitioner did not demonstrate that the proffered position of 'senior BI consultant' qualifies as a spe...
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
It Services
The appeal was dismissed because the petitioner failed to prove the proffered position of 'programmer analyst ~ ETL Developer)' qualifies as...
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 'QA engineer' position qualifies as a specialty occ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For The Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that it had definite, non-speculative specialty occupation work availa...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree Availability Of Non-Speculative Work For The Entire Requested Period
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'financial analyst' position qualifies as a special...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Information Technology
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, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to provide sufficient evidence of the specific work the beneficiary would perform. Th...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Medicine
The Director denied the petition because the petitioner, a hospital, failed to establish it qualified for an exemption from the H-1B cap. Th...
H-1B Cap Exemption Affiliation With Institution Of Higher Education Nonprofit Entity Definition Shared Ownership Or Control
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary is qualified to perform services in a specialty o...
Beneficiary Qualifications Degree Equivalency Work Experience Evaluation
dismissed
H-1B
Dentistry
The appeal was dismissed because the petitioner failed to establish that it qualifies for an exemption from the H-1B numerical cap. The peti...
H-1B Cap Exemption Affiliation With An Institution Of Higher Education Shared Ownership Or Control
sustained
H-1B
Construction
The Director denied the petition, believing the Beneficiary's prior H-2B stay should count towards the six-year H-1B limitation. The appeal ...
H-1B Extension Eligibility Six-Year Limitation (Ac21) Counting Prior H-2B Status
dismissed
H-1B
Information Technology
The AAO issued a Notice of Intent to Dismiss and Request for Evidence to verify the Petitioner's intent to pursue the appeal. The Petitioner...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Information Technology
The AAO issued a Notice of Intent to Dismiss and Request for Evidence, asking the Petitioner to verify its intent to pursue the appeal. The ...
Abandonment Failure To Respond To Request For Evidence
dismissed
H-1B
Business Administration
The appeal was dismissed because the petitioner failed to establish that the proffered 'business administrator' position qualifies as a spec...
8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Marketing
The appeal was dismissed because the Petitioner failed to establish that the proffered position of 'marketing specialist' qualifies as a spe...
Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'health operations manager' 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
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered marketing manager position qualifies as a specialty o...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered paralegal position qualifies as a specialty occupatio...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties Labor Condition Application (Lca) Wage Level
dismissed
H-1B
Engineering
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
Employer-Employee Relationship Specialty Occupation Failure To Identify Basis For Appeal
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of a law clerk qualifies as a specialty occu...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Marketing
The motion to reopen was granted in part to withdraw a previous summary dismissal, but the appeal was ultimately dismissed on its merits. Th...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Jewelry
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' 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
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'public relations specialist' qualifies a...
Specialty Occupation Definition Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Law
The appeal was dismissed because the petitioner, a law firm, failed to establish that the proffered position of "legal research & technical ...
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 appeal was dismissed because the petitioner failed to establish that the 'financial analyst' position qualifies as a specialty occupatio...
Definition Of Specialty Occupation Normal Minimum Degree Requirement For The Position Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Business Systems Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business systems analyst' qualifies as a...
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
Hotel Management
The appeal was dismissed because the petitioner did not establish that the proffered position of 'Manager of Hotel Operations' qualifies as ...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'enterprise delivery manager' position qualifies as a...
Normal Degree Requirement For Position Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are So Specialized And Complex
remanded
H-1B
Health Care
The Director denied the petition based on the Beneficiary's qualifications without first establishing if the position itself qualified as a ...
Specialty Occupation Definition Beneficiary Qualifications 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 prove that the proffered position of 'Quality Assurance Engineer' qualifies as a s...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Education
The combined motion to reopen and reconsider was denied because it was filed untimely. The AAO also noted that even if the filing had been t...
Specialty Occupation Motion To Reopen Motion To Reconsider Timely Filing
dismissed
H-1B
Law
The Director denied the petition, concluding that the proffered position of a law clerk did not qualify as a specialty occupation. Upon revi...
Normal Degree Requirement For Position Common Degree Requirement In Industry Or Unique Position Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Health Care Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'chief strategy officer' qualifies as a s...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered "import and logistics manager" position qualifies as ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Computer Science
The appeal was dismissed because the beneficiary had already been approved for H-1B status with another employer, rendering the appeal moot....
Specialty Occupation
dismissed
H-1B
Retail
The combined motion to reopen and reconsider was denied because it failed to meet the procedural requirements. The petitioner did not presen...
Motion To Reopen Motion To Reconsider Specialty Occupation
dismissed
H-1B
Mental Health
The appeal was dismissed because the petitioner failed to establish that it was exempt from the H-1B numerical cap. The petitioner claimed t...
H-1B Cap Exemption Related Or Affiliated Nonprofit Entity
dismissed
H-1B
Accounting
The appeal was summarily dismissed because the petitioner failed to identify any erroneous conclusion of law or statement of fact as a basis...
Specialty Occupation Beneficiary Qualifications Failure To State Basis For Appeal
dismissed
H-1B
Finance
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not present new facts that w...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Graphic Design
The appeal was dismissed because the Director correctly followed the 'revocation on notice' procedure after discovering the beneficiary was ...
Revocation On Notice Cessation Of Employment Withdrawal Of Petition
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'validation analyst' 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 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 Beneficiary'S Qualifications For The Specialty Occupation
dismissed
H-1B
Education
The appeal was dismissed because the beneficiary did not qualify for an H-1B extension beyond the six-year limit. The petitioner filed the e...
H-1B Six-Year Limit Ac21 Extension Eligibility 365-Day Rule For Labor Certification Filing
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Computer Programmer' qualified as a spec...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry 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 qualifies as a specialty occupation. The Dir...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The A...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Complexity Of Position Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed due to numerous inconsistencies and discrepancies across documents regarding the beneficiary's job title and duties...
Specialty Occupation Itinerary For Employment Period
dismissed
H-1B
Business
The appeal was dismissed because the petitioner failed to provide credible evidence to resolve discrepancies regarding the beneficiary's pri...
Specialty Occupation Beneficiary Qualifications Misrepresentation Of Fact Gross Error
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director concluded that the petitioner would...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'finance administrator' qualifies as a sp...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
remanded
H-1B
Market Analysis
The Director denied the H-1B extension petition but failed to explain the specific reasons for the denial in writing, as required by regulat...
H-1B Extension Eligibility
dismissed
H-1B
Computer Technology
The appeal was dismissed because the petitioner failed to demonstrate that qualifying specialty occupation work would be available for the b...
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
It Consulting
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The Directo...
Employer-Employee Relationship
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...
Normal Degree Requirement For The Position Employer-Employee Relationship
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a Montessori school, failed to establish that the proffered position of 'program director' ...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Software Development
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief, evidence, or a statement specifically ide...
Failure To Identify Error Of Law Or Fact In Appeal Beneficiary Qualifications For Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of software engineer 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
Business Development
The appeal was dismissed because the Director concluded the petitioner did not establish that the proffered position of 'business developmen...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement For Position Specialized And Complex Duties
dismissed
H-1B
Industrial Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'pricing analyst' qualifies as a specialt...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Conflict Resolution
The appeal was dismissed because the petitioner failed to establish that it was exempt from the H-1B numerical cap. The petitioner claimed t...
H-1B Cap Exemption Nonprofit Research Organization
dismissed
H-1B
Technical Sales
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'technical sales representative' qualifie...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or 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
Travel And Tour Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Operations Manager' qualifies as a speci...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Not Specified
The appeal was sustained upon de novo review of additional evidence submitted on appeal and in response to an RFE. The AAO concluded that th...
Specialty Occupation Employer'S Normal Degree Requirement Beneficiary Qualifications
dismissed
H-1B
Internet Services
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. The Director found, and the AAO ...
Employer-Employee Relationship Right To Control
dismissed
H-1B
Business Operations
The appeal was dismissed because the petitioner violated the terms and conditions of the H-1B petition. A site visit and review of wage reco...
Uscis Authority For Site Visits Compliance With Worksite Location Terms Compliance With Proffered Wage Terms
dismissed
H-1B
Software Development
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to identify any specific erroneous conclusion of law or stat...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact For The Appeal
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'DCNI Network Engineer' 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 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
Biopharmaceutical
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Senior Research Scientist' qualifies as ...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties Require Degree
dismissed
H-1B
Software Development
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Specialty Occupation Labor Condition Application Correspondence Failure To Identify Error On Appeal
dismissed
H-1B
Systems Analysis
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Failure To Identify Error On Appeal
sustained
H-1B
Civil Construction
The Director initially denied the petition, concluding the proffered position was not a specialty occupation. On appeal, the petitioner subm...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a non-profit educational provider, failed to establish that the proffered 'Assistant Teache...
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 the proffered position as a specialty occupation. The petitioner did not...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Nature Of Duties Beneficiary Qualifications
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to credibly establish the beneficiary's academic qualifications. The Director revoked...
Beneficiary Qualifications Fraud
dismissed
H-1B
Intellectual Property Law
The appeal was dismissed because the petitioner failed to establish that the proffered 'patent specialist' position qualifies as a specialty...
Normal Minimum Degree Requirement Industry Standard 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 address multiple grounds for denial. The Director concluded, and the AAO affirmed,...
Specialty Occupation Itinerary Lca Correspondence Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to submit a brief, additional evidence, or a statement identifying any spec...
Employer-Employee Relationship Failure To Identify Error On Appeal
dismissed
H-1B
Equine Science
The appeal was dismissed because the petitioner failed to establish that the proffered "barn manager" position qualifies as a specialty occu...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Retail Sales
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'sales manager' position qualifies as a specialty o...
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 establish that the proffered position as a 'systems engineer' qualifies as a speci...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Information Systems
The appeal was dismissed because the petitioner provided multiple inconsistent statements regarding the beneficiary's compensation package a...
Inaccurate Statements On Form I-129 Beneficiary Compensation/Wage
dismissed
H-1B
Information Technology
The appeal was dismissed because it was considered moot, as the beneficiary had already been approved for H-1B employment with a different e...
Specialty Occupation Mootness Failure To Respond
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'computer systems analyst' 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 The 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 summarily dismissed as abandoned because the petitioner failed to respond to an AAO notice within the required timeframe. Und...
Abandonment Failure To Respond To Notice
remanded
H-1B
Information Technology
The petitioner submitted new evidence on appeal which the Director had not previously reviewed. The AAO withdrew the initial decision and re...
Specialty Occupation Work Availability
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'supply chain analyst' qualifies as a s...
Normal Minimum Requirement Of A Baccalaureate Degree For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Associated With A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform. An emp...
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 Are So Specialized And Complex
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