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 3 of 50
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Definition Lca Correspondence To Position Prevailing Wage Compliance Consistency Of Minimum Position Requirements Normal Degree Requirement For The Position Specialized And Complex Duties
dismissed
H-1B
Computer Consulting
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 Specialized And Complex Duties Labor Condition Application (Lca) Compliance
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Definition Normal Degree Requirement For Position Industry-Common Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Labor Condition Application (Lca) Compliance
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
Law
The appeal was summarily dismissed because the petitioner failed to identify a specific, erroneous conclusion of law or statement of fact in...
Summary Dismissal (8 C.F.R. § 103.3(A)(1)(V))
remanded
H-1B
Software Engineering
The decision was remanded because the Director's initial denial was deemed insufficient for review. The Director denied the petition based o...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Software Technology
The Director initially denied the petition, concluding the Beneficiary was not qualified for the position. The AAO sustained the appeal, fin...
Beneficiary Qualifications Specialty Occupation Position
remanded
H-1B
Software Development
The Director's decision was withdrawn and the case was remanded because the Director erred by denying the petition based on the beneficiary'...
Specialty Occupation Beneficiary'S Qualifications
remanded
H-1B
Software Engineering
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director failed to follow the proper legal s...
Specialty Occupation Beneficiary Qualifications Education Evaluation Work Experience Equivalence
sustained
H-1B
Software Engineering
The Director initially denied the petition, concluding the Beneficiary was not qualified to perform the duties of the position. The AAO sust...
Beneficiary'S Qualifications Specialty Occupation
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. The Petitioner had filed another H-1B petition for the same Beneficiary which was subsequently approved, m...
Specialty Occupation
sustained
H-1B
Software Engineering
The Director initially denied the petition, concluding the Beneficiary was not qualified for the position. The appeal was sustained because ...
Beneficiary Qualifications Specialty Occupation
sustained
H-1B
Software Technology
The Director initially denied the petition, concluding that the Beneficiary was not qualified for the proffered role. Upon review, the AAO f...
Specialty Occupation Beneficiary'S Qualifications
remanded
H-1B
Information Technology
The Director denied the petition, concluding the Labor Condition Application (LCA) was invalid because the beneficiary would not work at all...
Labor Condition Application (Lca) Specialty Occupation
sustained
H-1B
Game Design
The Director initially denied the petition because the Beneficiary was not deemed qualified for the position. Upon review, the AAO found tha...
Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove the proffered 'Java developer' position qualifies as a specialty occupation....
Specialty Occupation Employer-Employee Relationship Baccalaureate Or Higher Degree Requirement
dismissed
H-1B
Commercial Banking
The appeal was dismissed as moot. The Director initially denied the petition because the proffered position did not qualify as a specialty o...
Specialty Occupation
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 pet...
Specialty Occupation Minimum Degree Requirement Employer-Employee Relationship
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'data analyst' position qualifies as a specialty occu...
Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
Systems Engineering
The appeal was dismissed because it was considered moot. The petitioner had filed a separate H-1B petition for the same beneficiary, and tha...
Mootness
remanded
H-1B
Information Technology
The decision was remanded because the Director's denial was procedurally insufficient. The Director denied the petition based on the benefic...
Specialty Occupation Beneficiary Qualifications Wage Level
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'associate sales consultant' position qualifies as ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'java developer' 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 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 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, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not sufficiently establish the substantive nature of the work the beneficiary would perf...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
sustained
H-1B
Pharmaceutical Research
The appeal was sustained because the AAO found that the petitioner had overcome the basis for the initial denial. The AAO's de novo review c...
Beneficiary Qualifications Specialty Occupation
remanded
H-1B
Software Development
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director denied the petition based on the be...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not establish that the proffered position of 'architect' qualifies as a specialty occupa...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Network Engineering
The appeal was dismissed because the petitioner failed to provide sufficient evidence describing the substantive nature of the work the bene...
Normal Degree Requirement For The Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient and consistent evidence describing the duties of the proffered ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'software engineer' position qualifies as a special...
Specialty Occupation Definition Bachelor'S Degree Requirement Specialized And Complex Duties End-Client Work Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'full stack developer' position qualifies as a spec...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Specific Duties
dismissed
H-1B
Software Engineering
The appeal was dismissed because the Petitioner failed to establish that the proffered position qualifies as a specialty occupation. The rec...
Specialty Occupation Employer-Employee Relationship End-Client Work Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to prove the proffered 'programmer analyst' position qualifies as a specialty occupat...
Specialty Occupation Beneficiary Qualifications
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 Employer-Employee Relationship
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO found that the petitioner successfully demonstrated that the proffered software engineer position q...
Specialty Occupation Beneficiary'S Qualifications
sustained
H-1B
Software
The appeal was sustained because the AAO, upon de novo review, found that the petitioner had established the proffered position as a special...
Specialty Occupation Beneficiary'S Qualifications
remanded
H-1B
Unknown
The petitioner's motions to reopen and reconsider were dismissed for failing to prove a brief was timely submitted. However, the AAO reopene...
Motion To Reopen Motion To Reconsider Revocation Authority Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the matter was considered moot. USCIS records indicated that the Petitioner had filed another H-1B petition...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to sufficiently establish the substantive nature of the work the beneficiary would pe...
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 the proffered position of 'SAP integration support engineer' qualif...
Specialty Occupation Definition Normal Minimum Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
sustained
H-1B
Healthcare Informatics
The appeal was sustained because the AAO determined that the proffered position of 'informatics consultant/lead' qualifies as a specialty oc...
Specialty Occupation Position Complexity Beneficiary Qualifications
sustained
H-1B
Unknown
The appeal was sustained because the AAO found that the petitioner successfully established the position as a specialty occupation. The peti...
Specialty Occupation Specialized And Complex Duties
sustained
H-1B
Unknown
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Software Development
The decision was remanded because the petitioner submitted new evidence on appeal that was not previously available. The AAO determined that...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'embedded software developer' qualifies a...
Specialty Occupation Employer-Employee Relationship Consistent Degree/Experience Requirements Lca Wage Level
dismissed
H-1B
Information Security
The appeal was dismissed because the petitioner provided inconsistent information regarding the minimum educational and experience requireme...
Specialty Occupation Definition Normal Degree Requirement For The Position Common Degree Requirement In The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Inconsistent Evidence Regarding Job Requirements
sustained
H-1B
Engineering Design
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not sufficiently establish that the proffered 'systems engineer' position qualifies as a...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties [Is] So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Systems Administration
The appeal was dismissed because the petitioner did not establish that the proffered position of 'network and computer systems administrator...
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 failed to establish definitive, non-speculative specialty occupation employment. The petitio...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Business Analytics
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of software developer qualifies as a special...
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 Duties Existence Of Non-Speculative Work For The Requested Period
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The evidenc...
Employer-Employee Relationship
sustained
H-1B
Computer Engineering
The appeal was sustained because the petitioner established that the proffered position qualifies as a specialty occupation. The AAO conclud...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a dental office, failed to establish that the proffered position of 'accounting specialist/...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
sustained
H-1B
Architecture
The director denied the H-1B extension, believing the beneficiary had exhausted her six years in H status by incorrectly including time spen...
H-1B Six-Year Limit Ac21 Extension Eligibility 365-Day Rule For Labor Certification Counting Of Time In H-4 Status
sustained
H-1B
Mechanical Engineering
The appeal was sustained because the AAO found that the proffered position of production manager qualified as a specialty occupation. The AA...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Accounting
The appeal was sustained on a motion to reconsider after the AAO's initial dismissal. The petitioner provided new evidence, including expert...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Sports Coaching
The appeal was sustained because the AAO found that the petitioner successfully established the assistant men's soccer coach position qualif...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of Catering Director 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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter formally requesting that the appeal be withdrawn. The AAO acted on this r...
Withdrawal Of Appeal
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) from the Department of Labor ...
Certified Labor Condition Application (Lca)
dismissed
H-1B
Business Education
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the Form I-129 ...
Timely Filing Of Certified Labor Condition Application (Lca)
dismissed
H-1B
Electrical Services
The appeal was dismissed on procedural grounds because it was filed by the beneficiary, not the petitioner. Per regulations, the beneficiary...
Standing To Appeal
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to prove that the proffered position of electrical engineer consultant qualifies as a...
Normal Minimum Requirement For The Position Is A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner abandoned the petition by failing to respond to a request for evidence after the case was re...
Beneficiary Qualifications Abandonment
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The decision was not based on the ...
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a staffing agency, failed to establish it qualified as a U.S. employer or an agent. The pet...
U.S. Employer Employer-Employee Relationship Agent Status Itinerary Of Services
dismissed
H-1B
Tennis
The appeal was dismissed because the petitioner, a private tennis club, failed to establish that the proposed position of 'director of tenni...
Normal Minimum Requirement Of A Baccalaureate Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require Knowledge Associated With A Degree
dismissed
H-1B
Fitness
The motion to reopen or reconsider was dismissed as untimely filed. The motion was received 40 days after the decision was issued, exceeding...
Specialty Occupation Timely Filing Of Motion
dismissed
H-1B
Industrial Engineering
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The AAO determined that the duties descri...
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
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of public relations manager 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 Programming
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation of compu...
Beneficiary Qualifications Education/Experience Equivalency
dismissed
H-1B
Food Production Management
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petit...
Specialty Occupation Failure To State Grounds For Appeal
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner, through counsel, submitted a letter formally requesting its withdrawal. The AAO did not con...
dismissed
H-1B
Electronics Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'electronics engineer' qualified as a spe...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
International Trade
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To State Basis For Appeal
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an IT consulting firm, failed to provide a detailed description of the specific duties the ...
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Detailed Description Of Job Duties End-Client Job Requirements For Consulting Arrangements Valid Labor Condition Application (Lca) For The Worksite
dismissed
H-1B
Education
The appeal was dismissed because the beneficiary was not qualified at the time of filing, as her teaching diploma was dated after the petiti...
Beneficiary'S Qualifications Specialty Occupation Position
remanded
H-1B
Rehabilitation Services
The AAO disagreed with the director's finding that the 'rehab coordinator' position was not a specialty occupation. It determined that the p...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Retail Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of management trainee/administrative assista...
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 Is 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
Medicine
The director denied the petition because the beneficiary, a physician on a J-1 waiver, had not completed his required three-year period of e...
J-1 Waiver 3-Year Service Obligation Extenuating Circumstances For Early Termination
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter requesting that the appeal be withdrawn. The decision was not b...
sustained
H-1B
Architecture
The director initially denied the petition because the beneficiary was not a licensed architect. The appeal was sustained because the AAO de...
Beneficiary Qualifications Licensure
dismissed
H-1B
Unknown
The appeal was rejected because it was filed after the deadline. The decision was issued on October 17, 2005, giving the petitioner 33 days ...
Timeliness Of Appeal Filing
dismissed
H-1B
Stone Fabrication
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Specialty Occupation
remanded
H-1B
It Consulting
The appeal was remanded because the AAO found the director erred in denying the petition based on the lack of a valid employer-employee rela...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The motion to reconsider was dismissed because it was not timely filed. The petitioner filed the motion 223 days after the AAO's decision, w...
Specialty Occupation Timely Filing Of Motion
dismissed
H-1B
Unknown
The appeal was dismissed because counsel for the petitioner submitted a letter requesting that the appeal be withdrawn.
sustained
H-1B
Exercise Science
The director denied the petition, concluding the position of exercise physiologist/wellness center manager did not qualify 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 dismissed because the petitioner, an IT consulting company, failed to establish that the proffered position of programmer ana...
Specialty Occupation Employer-Employee Relationship End-Client Job Requirements
remanded
H-1B
Civil Engineering
The director's decision was withdrawn and the case was remanded. The AAO determined that the civil engineer position does qualify as a speci...
Specialty Occupation Definition Minimum Degree Requirement Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a preschool, failed to establish that the position of school director qualifies as a specia...
Normal Degree Requirement For Position Industry Norm Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Health Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Clinic Instructor' qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner failed to establish that the proposed position qualifies as a specialty occupation. The AAO ...
Specialty Occupation
sustained
H-1B
Video Production
The director denied the petition, finding the petitioner failed to establish that the proffered 'video producer' position qualified as a spe...
Normal Degree Requirement For Position Degree Requirement Common To Industry For Parallel Positions Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner, a gasoline and convenience store, failed to establish that the proffered position of busine...
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
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Middle East Project Coordinator' 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 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
Unknown
The appeal was rejected because it was filed after the regulatory deadline. The decision was issued on September 9, 2005, but the appeal was...
Timely Filing Of Appeal
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