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 30 of 50
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that it had secured specialty occupation...
Specialty Occupation Definition Availability Of Specialty Occupation Work Baccalaureate Or Higher Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Logistics
The motion to reopen and reconsider was denied because the petitioner failed to provide new, material facts that would change the outcome. T...
Specialty Occupation
dismissed
H-1B
Telecommunications
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'corporate trainer' position qualifies as a special...
Normal Degree Requirement For Position Industry Common Degree Requirement Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'data warehouse analyst' position qualifies as a sp...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide substantive evidence from the end-client detailing the proposed job duties...
Specialty Occupation Employer-Employee Relationship Non-Speculative Employment End-Client Evidence
dismissed
H-1B
Recyclable Material Wholesale
The appeal was dismissed because the petitioner failed to establish the proffered position as a specialty occupation. The AAO determined tha...
Normal Minimum Degree Requirement Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Law
The Director revoked the H-1B petition, concluding that the petitioner failed to establish a valid employer-employee relationship with the b...
Employer-Employee Relationship Revocation Grounds
dismissed
H-1B
Budget Analysis
The appeal was summarily dismissed on procedural grounds. The petitioner stated an intent to submit a supporting brief within 30 days but fa...
Failure To State Grounds For Appeal (8 C.F.R. § 103.3(A)(1)(V))
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to describe the proffered position's duties with sufficient detail to establish it as...
Normal Degree Requirement For Position Common Degree Requirement In Industry Or Complex/Unique Position Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed upon de novo review. The Director initially denied the petition because the proffered 'applications developer' posi...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Business Administration
The appeal was dismissed because the petitioner failed to establish that the proffered 'administrative assistant' 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, 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 Science
The appeal was dismissed because the petitioner failed to respond to a Notice of Intent to Dismiss and Request for Evidence (NOID/RFE) issue...
Specialty Occupation Abandonment Due To Non-Response To Rfe
dismissed
H-1B
Legal Research
The Director initially denied the petition for failing to establish that the proffered position of 'legal research analyst' qualified as a s...
Specialty Occupation Failure To Identify Error On Appeal
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'quality test analyst' qualifies as a s...
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 position of 'software quality assurance engineer' qua...
Specialty Occupation Beneficiary Qualifications Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner, a specialty food store, failed to establish that the proffered 'chef' position qualifies as...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Risk Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'enterprise risk management analyst' qual...
Normal Minimum Degree Requirement Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Food Retail
The appeal was dismissed because the Petitioner failed to establish that the proffered 'purchasing manager' position qualifies as a specialt...
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 establish that the proffered position of 'quality assurance analyst' qualifies as ...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to submit a brief, additional evidence, or a separate statement identifying...
Specialty Occupation Summary Dismissal 8 C.F.R. § 103.3(A)(1)(V)
dismissed
H-1B
Supply Chain Analysis
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or additional evidence as promised and did...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact Specialty Occupation
dismissed
H-1B
Business Management
The motion to reconsider was denied because the petitioner failed to establish that the proffered position of 'business manager' qualifies a...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) Section 214(I)(1) Of The Act 8 C.F.R. § 214.2(H)(4)(Ii)
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish the substantive nature of the proffered p...
Specialty Occupation Valid Labor Condition Application (Lca) 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, an IT consulting firm, failed to establish it would have the requisite employer-employee re...
Employer-Employee Relationship
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
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered 'law clerk' position qualifies as a specialty occupat...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Labor Condition Application (Lca) Occupational Classification
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'hotel manager' position qualifies as a specialty o...
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) Beneficiary'S Qualifications
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 Employer-Employee Relationship
dismissed
H-1B
Food Service Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'food service manager' qualifies as a s...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed
H-1B
Education
The appeal was summarily dismissed as abandoned because the petitioner did not respond to the AAO's request for verification of its intent t...
Fee Exemption Employer-Employee Relationship Abandonment
dismissed
H-1B
Law
The appeal was dismissed because the petitioner did not establish that the proffered position of 'EB-5 immigration specialist' 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 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
Information Technology
The Director initially denied the petition based on the beneficiary's qualifications. The AAO found this premature, stating that the primary...
Beneficiary'S Qualifications Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Information Technology
The Director initially denied the petition based on the Beneficiary's qualifications. The AAO found this was an error, as the primary determ...
Specialty Occupation Beneficiary Qualifications Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to describe the proffered 'software engineer' position's duties with sufficient detai...
Specialty Occupation Definition Availability Of Specialty Occupation Work Specificity Of Job Duties Degree Requirement For The Position
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that it qualifies as a 'United States employer' under 8 C.F.R. § 214.2(h...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not establish that the proffered "marketing manager" position qualifies as a specialty o...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) Labor Condition Application (Lca) Wage Level
remanded
H-1B
Computer Science
The appeal was remanded because the record did not establish that the proffered position of "computer systems analyst" qualifies as a specia...
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 "scrum master" position qualifies as a specialty occu...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty Sufficiency Of Job Duty Description End-Client Requirements For Third-Party Worksites
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to prove the 'computer programmer' position qualified as a specialty occupation. The ...
Normal Degree Requirement For Position Industry-Common Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Precious Metals / Electronics Recycling
The Director denied the petition after concluding that the petitioner had not demonstrated that the beneficiary is qualified to perform serv...
Beneficiary Qualifications Experience Equivalency To A Degree Recognition Of Expertise
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered computer programmer position qualifies as a specialty...
Specialty Occupation Definition Bachelor'S Degree In A Specific Specialty Specialized And Complex Duties
remanded
H-1B
Software Engineering
The Director's decision was withdrawn and the case was remanded. The AAO noted that regulations require the director to explain in writing t...
Beneficiary Qualifications Specialty Occupation Procedural Requirements For Denial
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems analyst' qualifies as a specialt...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Business Analysis
The appeal was dismissed because the beneficiary's master's degree did not qualify for the H-1B Master's Cap exemption. The degree-conferrin...
H-1B Master'S Cap Exemption Nonprofit Status Of Degree-Conferring Institution
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner did not establish that it would have a valid employer-employee relationship with the benefic...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the benefic...
Employer-Employee Relationship
dismissed
H-1B
Retail
The appeal was dismissed because the petitioner failed to establish that the proffered 'stores manager' position qualifies as a specialty oc...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Fashion
The appeal was dismissed because the petitioner, an accessories wholesaler, failed to resolve inconsistencies in the record and credibly dem...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position qualifies as a specialty occupation. The petitioner d...
Specialty Occupation Definition Specific Degree Requirement End-Client Job Requirements Beneficiary'S Qualifications
dismissed
H-1B
Computer Science
The appeal was dismissed because the Petitioner failed to establish that the proffered "computer programmer" position qualifies as a special...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position as a computer programmer qualifies as a spec...
Specialty Occupation Definition Bachelor'S Degree In A Specific Specialty Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The r...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Duties Usually Associated With A Degree
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that it had a specific, qualifying work assignment available for the ben...
Availability Of Specialty Occupation Work Position Qualifies As A Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the Petitioner failed to support their appeal. After filing the notice of appeal and stating that...
Summary Dismissal For Failure To Identify Error
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided inconsistent and contradictory information regarding the proffered position. The pe...
Specialty Occupation Requirements Consistency Of Job Duties And Title Lca Occupational Classification (Soc Code)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the benefic...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The Director initially denied the petition, concluding that the Petitioner had not established that the proffered 'computer programmer' posi...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not establish that the proffered programmer analyst position qualifies as a specialty oc...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'project coordinator' 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
Computer Programming
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies 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 did not establish that the proffered 'computer programmer analyst' position qualifies as a s...
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 network administrator qualifies as a spec...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies a...
Normal Minimum Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner did not establish that the proffered position of 'computer programmer analyst' 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
Computer Programming
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer analyst' qualifies 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)
remanded
H-1B
Automatic Identification Product Manufacturing
The Director denied the petition after concluding the beneficiary did not qualify for an H-1B cap exemption. The AAO withdrew this decision ...
H-1B Cap Exemption
dismissed
H-1B
Construction
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The AAO agreed with the Director that the...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'market research analyst' position qualifies as a spe...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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 failed to establish that it maintained a valid employer-employee relationship with the benef...
Employer-Employee Relationship
dismissed
H-1B
Supply Chain Management
The Director denied the petition, concluding that the Petitioner failed to establish that the proffered position of 'vice president, logisti...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Web Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'web developer' position qualifies as a specialty occ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Computer Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position as an 'MS BI Developer' qualifies as a speci...
Specialty Occupation Definition Sufficient Work For The Requested Period
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner failed to establish that the proffered position of "computer programmer analyst" qualifies a...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Home Health Care
The appeal was dismissed because the petitioner failed to establish that the proffered "operations manager" position qualifies as a specialt...
Normal Degree Requirement For Position Industry Norm Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
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 Degree Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the Systems Analyst position's duti...
Normal Degree Requirement For The Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Nature Of 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. Speci...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Non-Speculative Work
dismissed
H-1B
Insurance And Financial Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'market research analyst' qualifies as a ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree Beneficiary'S Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the proffered position as a specialty occupation. The AAO found that the...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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 establish that the proffered position of 'devops engineer' qualifies as a specialt...
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
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualified as a specialty o...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Journalism
The appeal was dismissed because the petitioner did not establish that the proffered 'reporter' position qualifies as a specialty occupation...
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
Journalism
The appeal was dismissed primarily because the petitioner submitted a Labor Condition Application (LCA) that did not correspond to the petit...
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 Lca Correspondence With The Petition
dismissed
H-1B
Legal Compliance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'legal compliance and document analyst' q...
Normal Minimum Requirement For The Position Common To The Industry 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 position of 'systems associate' qualifies as a specia...
Specialty Occupation Employer-Employee Relationship 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 Consulting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The A...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Specialty Occupation Work Inconsistencies In Employment Location
dismissed
H-1B
It Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'SAP FSCM analyst' qualifies as a special...
Specialty Occupation Employer-Employee Relationship Baccalaureate Degree Is Normal Requirement Degree Requirement Is Common To Industry Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The motion to reopen/reconsider was denied because the petitioner failed to demonstrate that the proffered accountant 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
Finance
The motions to reopen and reconsider were denied. The motion to reopen was denied for failing to present new facts, and the motion to recons...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'software developer' position qualifies as a specia...
Specialty Occupation Definition Bachelor'S Degree Requirement Specificity Of Job Description Complexity Of Duties
dismissed
H-1B
It Consulting
The appeal was summarily dismissed because the Petitioner failed to provide a statement or brief supporting the appeal. The Petitioner did n...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
It Services
The appeal was summarily dismissed because the Petitioner failed to submit a brief or additional evidence identifying any specific erroneous...
Failure To Identify Erroneous Conclusion Of Law Or Fact 8 C.F.R. § 103.3(A)(1)(V)
remanded
H-1B
E-Commerce
The Director's decision to deny the petition based on the beneficiary's qualifications was withdrawn. The AAO remanded the case because the ...
Beneficiary'S Qualifications Whether The Position Qualifies As A Specialty Occupation Requirement Of A Baccalaureate Or Higher Degree In A Specific Specialty Whether The Employer Normally Requires A Degree For The Position Whether The Degree Requirement Is Common To The Industry Whether The 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 'senior programmer analyst' position qualifies as a s...
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 provide sufficiently detailed evidence of the work the beneficiary would perform. ...
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 provide sufficient evidence from the end-client to corroborate the nature of 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 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
Wholesale Trade
The appeal was summarily dismissed as abandoned. After an initial review, the AAO sent the Petitioner a notice of intent to dismiss (NOID), ...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that sufficient work was available for the beneficiary for the entire ...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'supply chain analyst' position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
Turn these precedents into a draft
MeritDraft uses real AAO decisions to help attorneys and self-petitioners draft stronger O-1 and NIW arguments faster.
Start Free Trial →