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 32 of 50
dismissed
H-1B
Environmental Engineering
The combined motion to reopen and reconsider was dismissed because the petitioner failed to meet the requirements for either. For the motion...
Specialty Occupation Labor Condition Application (Lca) Beneficiary Qualifications Motion To Reopen Requirements Motion To Reconsider Requirements Effect Of Prior Approvals On Subsequent Petitions
remanded
H-1B
Software Development
The AAO granted the petitioner's motion to reopen, withdrawing its previous summary dismissal. However, the case was remanded because the Di...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer systems analyst' qualifies as a...
Specialty Occupation Employer-Employee Relationship Baccalaureate Or Higher Degree Requirement Complexity And Specialization Of 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 Employer-Employee Relationship
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner provided inconsistent and unreliable evidence regarding the in-house projects the beneficiar...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialt...
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
Human Resources
The appeal was dismissed because the petitioner did not establish that the proffered 'HR Analyst' position qualifies as a specialty occupati...
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 position of a bilingual marketing specialist qualifie...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Wholesale Distribution
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'purchasing manager' qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
remanded
H-1B
Business Intelligence
The appeal was remanded. Although the AAO withdrew the Director's finding and concluded the position qualifies as a specialty occupation, it...
Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Mandarin Chinese instructor/curriculum d...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For The Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Industry Common Degree Requirement Or Unique/Complex Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Mandarin Chinese instructor/curriculum d...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 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
Automotive Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'quality engineer' 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)
sustained
H-1B
Product Design
The appeal was sustained because the petitioner established that the proffered position of 'senior product designer' qualifies as a specialt...
Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement
remanded
H-1B
Management Consulting
The appeal was remanded because the Director's denial was based on an incorrect response to a Request for Evidence (RFE) that belonged to a ...
Specialty Occupation
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the Petitioner failed to establish that the proffered "hospitality manager" position qualifies as a special...
Specialty Occupation Definition Beneficiary Qualifications Requirement For A Bachelor'S Degree In A Specific Specialty Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
Media Editor
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'media editor' qualifies as a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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
Supply Chain Software
The appeal was dismissed because the Director correctly found that the submitted Labor Condition Application (LCA) did not correspond to the...
Lca Correspondence Occupational Classification Wage Level
dismissed
H-1B
Communications
The appeal was dismissed because the petitioner failed to establish that the proffered 'communications specialist' position qualifies as a s...
Normal Degree Requirement For Position Industry Commonality Of Degree Requirement
remanded
H-1B
Software Development
The appeal was remanded because the Director's initial decision was insufficient for review. The Director failed to follow the proper legal ...
Specialty Occupation Beneficiary'S Qualifications Employer-Employee Relationship Third-Party Worksite Evidence
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. USCIS records indicated that the Petitioner had filed another H-1B petition for the...
Mootness Specialty Occupation
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'business associate' position qualifies as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to specifically identify any erroneous conclusion of law or ...
Specialty Occupation Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
H-1B
Information Technology
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 Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'software developer' position qualifies as a specialt...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove it would be a U.S. employer with a valid employer-employee relationship with...
Employer-Employee Relationship Specialty Occupation Itinerary Requirement
remanded
H-1B
Business Analytics
The appeal was remanded because the record was not sufficiently developed to determine if the proffered position's duties correspond to the ...
Specialty Occupation Lca Correspondence With Petition Soc Code Accuracy
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 rec...
Specialty Occupation Employer-Employee Relationship
sustained
H-1B
Information Technology
The appeal was sustained because the AAO concluded, upon de novo review, that the petitioner had established the proffered 'business analyst...
Specialty Occupation Position Complexity Bachelor'S Degree Requirement Beneficiary Qualifications
remanded
H-1B
Software Engineering
The case was remanded because the Director's decision was deemed insufficient for review. The Director denied the petition based on the Bene...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform services in a specialty occ...
Beneficiary Qualifications Foreign Degree Equivalency Experience Equivalent To Degree
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to establish that the proffered 'program manager' position qualifies as a specialty o...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Hardware Engineer
The Director denied the petition, concluding that the Beneficiary was not qualified to perform the duties of the position. The AAO sustained...
Beneficiary'S Qualifications Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'software developer' 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 Employer-Employee Relationship Availability Of Specialty Occupation Work For Requested Period
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner, a staffing agency, failed to prove the proffered position qualifies as a specialty occupati...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Computer Science
The appeal was dismissed because the certified Labor Condition Application (LCA) did not support the petition. The petitioner's minimum requ...
Specialty Occupation Labor Condition Application (Lca) Correspondence Wage Level Requirements
dismissed
H-1B
Software Development
The motions to reopen and reconsider were dismissed because the petitioner failed to provide sufficient new evidence or legal arguments to e...
Employer-Employee Relationship
dismissed
H-1B
Education
The third motion to reconsider was dismissed on procedural grounds. The AAO noted that the previous motion was untimely filed, and the petit...
Specialty Occupation Motion To Reconsider Requirements Timely Filing
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that it had definitive, non-speculative work available for the beneficia...
Availability Of Non-Speculative Work Position Qualifies As A Specialty Occupation Requirement Of A Bachelor'S Or Higher Degree In A Specific Specialty Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Wholesale Trade
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'purchasing agent' 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)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'technical account representative' qual...
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)(4)
sustained
H-1B
Unknown
The Director initially denied the petition, concluding the beneficiary was not qualified for the specialty occupation position. The appeal w...
Beneficiary Qualifications Foreign Degree Equivalency
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered marketing specialist position qualifies as a specialt...
Requirement For A Degree In A Specific Specialty Normal Minimum Requirement For The Position (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 provide a sufficiently detailed description of the proffered 'systems engineer' po...
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
Retail
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'product marketing and logistics speciali...
Requirement Of A Degree In A Specific Specialty Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Finance
Although the AAO agreed that the proffered position qualified as a specialty occupation, the appeal was dismissed because the petitioner fai...
Specialty Occupation Beneficiary'S Qualifications
sustained
H-1B
Electronic Commerce
The appeal was sustained because the AAO, upon de novo review, found that the beneficiary was qualified for the position. The AAO concluded ...
Beneficiary Qualifications Specialty Occupation Requirements
dismissed
H-1B
Human Resources Technology
The appeal was dismissed because the petitioner failed to provide a consistent description of the proffered position. The AAO found signific...
Specialty Occupation Definition Nature Of Specific Duties Normal Degree Requirement For Position Lca Occupational Classification
sustained
H-1B
Financial Services
The appeal was sustained because the petitioner overcame the grounds for denial by providing a detailed job description and explaining why t...
Specialty Occupation
sustained
H-1B
Civil Engineering
The Director initially denied the petition, finding the Beneficiary was not qualified for the civil engineer position. The appeal was sustai...
Beneficiary Qualifications Foreign Degree Equivalency
dismissed
H-1B
Ip Licensing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Associate IP Licensing Analyst' qualifie...
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 Requiring A Degree
dismissed
H-1B
Law
The petition was denied because the petitioner failed to establish eligibility for an H-1B cap exemption. While the AAO found the petitioner...
H-1B Cap Exemption Nonprofit Research Organization Primarily Engaged In Basic Or Applied Research Tax-Exempt Status
dismissed
H-1B
Consumer Finance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'risk analyst' qualifies as a specialty o...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations 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 summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact in ...
Labor Condition Application (Lca) Correspondence Prevailing Wage Determination Occupational Classification (Soc Code) Eligibility At Time Of Filing Summary Dismissal For Failure To Identify Error
dismissed
H-1B
Construction
The appeal was dismissed because the petitioner failed to establish that the proffered 'cost estimator' 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)
sustained
H-1B
Real Estate Technology
The appeal was sustained because the AAO found the petitioner successfully established the proffered position qualifies as a specialty occup...
Position'S Complexity Or Uniqueness Specialized And Complex Duties
dismissed
H-1B
Software Engineering
The appeal was dismissed because the matter was considered moot. The Petitioner had filed another H-1B petition for the same Beneficiary, an...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered position qualifies as a specialty occupation. The petitio...
Specialty Occupation Third-Party Worksite Evidence Contractual Agreements Statement Of Work
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that definitive, non-speculative specialty occupation work would be avai...
Availability Of Specialty Occupation Work Normal Degree Requirement 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 qualifies as a specialty occupation. The rec...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Degree In A Specific Specialty Sufficiently Detailed Job Duties For Third-Party Worksite
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner provided inconsistent and insufficient information regarding the minimum requirements for th...
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship, lacking evidence that it would d...
Employer-Employee Relationship Specialty Occupation Availability Of Non-Speculative Work
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO, upon de novo review, concluded that the petitioner had established the proffered position is a spe...
Specialty Occupation Definition Availability Of Work Beneficiary'S Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the original job specified in the H-1B petition and its supporting LCA was no longer available as the clien...
Availability Of Specialty Occupation Work Material Changes In Employment Requirement For Amended Petition
remanded
H-1B
Education Administration
The Director's denial was withdrawn and the case was remanded because the Director failed to first analyze the validity of the supporting La...
Specialty Occupation Lca Validity Soc Code Wage Level
sustained
H-1B
Manufacturing Engineering
The Director initially denied the petition, concluding that the Petitioner failed to establish that the proffered position of 'Engineer I - ...
Specialty Occupation
dismissed
H-1B
Hospitality Management
The AAO issued a notice of intent to dismiss (NOID) to the Petitioner. The Petitioner did not respond to the notice within the allotted time...
Specialty Occupation Abandonment For Failure To Respond To A Notice
remanded
H-1B
Information Technology
The Director's decision to deny the petition was withdrawn and the case was remanded. The AAO found that the record was not sufficiently dev...
Specialty Occupation Qualification Lca Correspondence With Petition Soc Code Accuracy End-Client Work Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'QA analyst' position qualifies as a specialty occupa...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties Requirement For A Degree In A Specific Specialty
sustained
H-1B
International Banking
The Director initially denied the petition, concluding the proffered position was not a specialty occupation. Upon de novo review, the AAO f...
Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties
sustained
H-1B
Financial Software
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position qualifies as a specia...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Energy Engineering
The appeal was sustained because the petitioner established that the position qualifies as a specialty occupation. The record demonstrated t...
Specialty Occupation Definition 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 prove the proffered position qualifies as a specialty occupation. The petitioner d...
Specialty Occupation Employer-Employee Relationship End-Client Work Requirements
remanded
H-1B
Information Technology
The appeal was remanded because the AAO could not determine if the proffered position qualified as a specialty occupation. The primary issue...
Specialty Occupation Lca Correspondence With Petition Correct Soc Code Selection
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to resolve significant discrepancies in the record regarding the beneficiary's actual...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Hiring Requirement For The Position Specialized And Complex Nature Of Duties End-Client Job Requirements Employer-Employee Relationship
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer' qualifies as a specialty occ...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Electrical Engineering
The motion was dismissed because the petitioner failed to prove the beneficiary was qualified for the specialty occupation. The petitioner r...
Beneficiary Qualifications Experience Equivalent To A Degree 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)(1)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The rec...
Employer-Employee Relationship Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
sustained
H-1B
Unknown
The appeal was sustained because the petitioner successfully demonstrated that the position qualifies as a specialty occupation. The AAO fou...
Specialty Occupation Specialized And Complex Duties Beneficiary Qualifications
dismissed
H-1B
Advertising
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'marketing and content creation analyst' ...
Normal Degree Requirement For Position (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 of 'computer systems architect' qualifies as...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For Position
dismissed
H-1B
Finance
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was qualified for the specialty occupation. The Pet...
Beneficiary Qualifications Education And Experience Equivalence 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)(1)
dismissed
H-1B
Finance
The appeal was dismissed due to material inconsistencies in the petition. The Petitioner changed the minimum qualifications for the position...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer Normally Requires Degree Specialized And Complex Duties Labor Condition Application (Lca) Correspondence Consistency Of Minimum Qualifications
sustained
H-1B
Technology
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position qualifies as a specia...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Software Engineering
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation
sustained
H-1B
Data Science
The appeal was sustained because the AAO found that the Beneficiary was qualified to perform the duties of the specialty occupation, contrar...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Software Engineering
The Director initially denied the petition, concluding that the record did not establish that the proffered position of software engineer qu...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the beneficiary's initial H-1B petition was incorrectly approved under the master's cap exemption, as his d...
H-1B Cap Exemption Master'S Degree Cap Exemption Definition Of U.S. Institution Of Higher Education
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the existence of definite, non-speculative employment for the beneficiary at...
Specialty Occupation Non-Speculative Employment Employer-Employee Relationship Chain Of Contracts
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish the existence of definite, non-speculative employment for the beneficiar...
Specialty Occupation Non-Speculative Employment Employer-Employee Relationship Labor Condition Application (Lca) Correspondence
sustained
H-1B
Electronics Manufacturing
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)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'ServiceNow customer administrator' quali...
Specialty Occupation Definition Requirement Of A Bachelor'S Or Higher Degree In A Specific Specialty Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties End-Client Work Requirements
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered executive chef position qualifies as a specialty occu...
Specialty Occupation Requirements Prevailing Wage Beneficiary Qualifications
sustained
H-1B
Clinical Research
The appeal was sustained because the petitioner successfully overcame the Director's denial. The petitioner provided a detailed job descript...
Specialty Occupation Specialized And Complex Duties Bachelor'S Or Higher Degree Requirement
dismissed
H-1B
Data Analytics
The appeal was dismissed because the petitioner failed to prove that definite, non-speculative specialty occupation work would be available ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Non-Speculative Work
remanded
H-1B
Finance
The appeal was remanded because the AAO found the Director's initial decision insufficient for review due to a preliminary issue with the La...
Lca Correspondence Soc Code Accuracy Wage Level Specialty Occupation Definition
dismissed
H-1B
Software Engineering
The motions to reopen and reconsider were dismissed because the petitioner failed to meet the regulatory requirements. The motion to reopen ...
Specialty Occupation Motion To Reopen Requirements Motion To Reconsider Requirements
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 AAO...
Normal Degree Requirement For Position Common Degree Requirement In Industry Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Speculative Employment Substantive Nature Of The Position
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered 'quality engineer' 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)
remanded
H-1B
Information Technology
The Director's decision was withdrawn and the case was remanded. The AAO found that the Labor Condition Application (LCA) may not correspond...
Specialty Occupation Labor Condition Application (Lca) Correspondence Acwia Fee Exemption Status Standard Occupation Classification (Soc) Code Selection
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