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 39 of 50
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'business analyst' qualifies as a speci...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
Specialty Occupation Bachelor'S Degree Requirement Availability Of Work
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...
Bachelor'S 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
Electronics Distribution
The appeal was dismissed because the petitioner provided inconsistent and contradictory information regarding the minimum requirements for t...
Specialty Occupation Definition Minimum Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement Complexity And Specialization Of Duties
sustained
H-1B
Consumer Goods And Retail
The appeal was sustained because the AAO found the record established that the position qualifies as a specialty occupation. The petitioner ...
Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner did not describe the position's duties with sufficient detail to demonstrate its substantive...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criteria Dol Occupational Outlook Handbook (Ooh)
sustained
H-1B
Architecture
The appeal was sustained because the AAO found the Director erred in concluding that the duty of mentoring junior employees was inconsistent...
Labor Condition Application (Lca) Correspondence Wage Level Appropriateness Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Banking
The appeal was sustained because the AAO concluded on de novo review that the record established the proffered position as an 'associate' at...
Specialty Occupation Position Complexity Beneficiary Qualifications
sustained
H-1B
Supply Chain Management
The appeal was sustained because the AAO found that the record established the proffered 'supply chain analyst' position was so complex or u...
Specialty Occupation Definition Position Complexity/Uniqueness Beneficiary Qualifications
sustained
H-1B
Unknown
The appeal was sustained because the petitioner provided a detailed job description and explained the complex project the beneficiary would ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Banking
The appeal was sustained because upon de novo review, the AAO concluded that the petitioner established the proffered 'associate' position q...
Specialty Occupation Position Complexity/Uniqueness Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'devops support and systems administrator...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Restaurant Management
The matter was remanded from a U.S. District Court, which found that the AAO had previously erred by too narrowly interpreting the statutory...
Specialty Occupation
sustained
H-1B
Engineering
The Director denied the petition because the requested employment period exceeded the six-year limit for H-1B status. The AAO sustained the ...
H-1B Six-Year Limit Exemption For Extension Beyond Six Years Based On A Pending I-140 Petition
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...
Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Failure To Establish Specific Job Duties Validity Of Third-Party Contracts Eligibility At Time Of Filing
sustained
H-1B
Unknown
The appeal was sustained because the AAO, upon de novo review, found that the petitioner had established the beneficiary's qualifications fo...
Specialty Occupation Beneficiary Qualification
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided inconsistent information regarding its total number of employees, stating 596 on th...
Fee Exemption Under Public Law 114-113
dismissed
H-1B
Information Technology
The Director initially denied the petition because the petitioner failed to submit a timely certified Labor Condition Application (LCA) and ...
Labor Condition Application (Lca) Specialty Occupation
sustained
H-1B
Unknown
The Director initially denied the petition, concluding the Beneficiary was not qualified for the proffered role. Upon de novo review, the AA...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Advertising
The appeal was sustained because upon de novo review, the AAO concluded that the record established the proffered 'senior analyst' position ...
Specialty Occupation Position Complexity Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the issue was considered moot. The petitioner had filed another H-1B petition for the same beneficiary whic...
Specialty Occupation
dismissed
H-1B
Supply Chain & Logistics
The motion was dismissed because the petitioner failed to provide a sufficiently detailed description of the job duties, instead relying on ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Software Consulting
The appeal was dismissed because it was considered moot. A separate H-1B petition filed by the petitioner for the same beneficiary had alrea...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer' qualifies as a spec...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Unknown
The appeal was sustained because the petitioner provided a sufficiently detailed description of the position's duties and supported it with ...
Specialty Occupation Duties Are Specialized And Complex Requiring A Bachelor'S Degree
sustained
H-1B
Media Planning And Buying
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Pharmacy
The AAO remanded the case because the Director's denial was insufficient for review. The Director was instructed to first determine whether ...
Specialty Occupation Labor Condition Application (Lca) Validity Correct Occupational Classification (Soc Code) Beneficiary Qualifications
sustained
H-1B
Electrical Engineering
The appeal was sustained because the AAO, upon de novo review, concluded that the proffered position qualifies as a specialty occupation. Th...
Specialty Occupation Complexity Of Duties Bachelor'S Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Computer Science
The Director denied the petition due to insufficient evidence from the end-client to prove the beneficiary would be performing services in a...
Specialty Occupation Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)) End-Client Work Requirements
sustained
H-1B
Video/Ip Technology
The appeal was sustained because the petitioner overcame the director's denial by providing sufficient evidence, including a detailed job de...
Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement 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 staffing company, failed to provide sufficient evidence that the proffered 'performan...
Specialty Occupation Third-Party Worksite Requirements Employer-Employee Relationship
remanded
H-1B
Sales Engineering
The AAO concluded that the petitioner successfully demonstrated the position qualifies as a specialty occupation, withdrawing the director's...
Specialty Occupation Prevailing Wage Lca Correspondence
dismissed
H-1B
Welding Engineering
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'welding wire process engineer' qualifies as ...
Specialty Occupation Expert Opinion Letter
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. The Director initially denied the petition because the record did not establish that the proposed "program...
Specialty Occupation
sustained
H-1B
Power Electronics
The appeal was sustained because the petitioner overcame the Director's denial by providing a detailed job description and explaining why th...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered "java developer" position qualifies as a specialty occupation....
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to establish that the proffered position of 'software automation developer' qualifies...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criteria End-Client Work Requirements
sustained
H-1B
Motion Control Technologies
The Director initially denied the petition, concluding the beneficiary was not qualified for the position. The AAO sustained the appeal upon...
Beneficiary Qualifications Specialty Occupation
remanded
H-1B
Software Development
The decision was remanded because the AAO found the Director's conclusion that the position was not a specialty occupation to be premature. ...
Specialty Occupation Labor Condition Application (Lca) Correspondence Standard Occupational Classification (Soc) Code Wage Level End-Client Requirements
sustained
H-1B
Information Technology
The appeal was sustained because the petitioner successfully overcame the director's denial by providing a detailed job description and work...
Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. After the initial denial, the petitioner filed a new H-1B petition for the same beneficiary which was appr...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide a sufficient and consistent description of the proffered 'market research ...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Journalism
The appeal was dismissed because the petitioner failed to establish that the proffered news reporter position qualifies as a specialty occup...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) Labor Condition Application (Lca)
remanded
H-1B
Information Technology
The appeal was remanded because the Director's denial was insufficient for review. The Director's decision stated the petitioner had not sho...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, a staffing firm, failed to provide sufficient evidence detailing the beneficiary's specific...
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
Software Engineering
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the proffered position's duties. Th...
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
Education
The appeal was dismissed because the petitioner, a preschool, failed to demonstrate that the proffered position qualifies as a specialty occ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, a staffing firm, failed to provide a sufficiently detailed description of the beneficiary'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
Machine Learning
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
remanded
H-1B
Staffing And Consulting
The case was remanded for a new decision because new policy guidance was issued regarding the employer-employee relationship while the appea...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not provide a sufficiently detailed description of the beneficiary's proposed duties at ...
Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as abandoned because the Petitioner failed to respond to a request from the AAO to verify its intent to pursue the ...
Abandonment
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to provide a sufficiently detailed description of the Beneficiary's proposed duties a...
Specialty Occupation Definition Sufficiency Of Job Duties Description 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Operations Research
The appeal was sustained because the AAO determined the proffered position qualifies as a specialty occupation. The petitioner provided a su...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Unknown
The appeal was sustained because the AAO concluded that the petitioner had established the proffered position is a specialty occupation. The...
Specialty Occupation Position Complexity/Uniqueness Beneficiary Qualifications
sustained
H-1B
Specialty Occupation
The appeal was sustained because the AAO, upon de novo review, found that the petitioner established the proffered position as a specialty o...
Specialty Occupation Definition Beneficiary Qualifications
sustained
H-1B
Business Intelligence
The appeal was sustained because the AAO found that the petitioner successfully demonstrated the proffered position qualifies as a specialty...
Specialty Occupation Beneficiary'S Qualifications
sustained
H-1B
Marketing
The appeal was sustained because the AAO concluded that the proffered position qualifies as a specialty occupation. The decision states that...
Specialty Occupation Complexity Of Duties Beneficiary'S Qualifications
sustained
H-1B
Business Analytics
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position qualifies as a specialty ...
Specialty Occupation Specialized And Complex Duties Beneficiary Qualifications
sustained
H-1B
Unknown
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position as a specialty occupa...
Specialty Occupation Specialized And Complex Duties Requiring A Degree Beneficiary Qualifications
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position of 'Business Analyst II' ...
Specialty Occupation
dismissed
H-1B
E-Commerce Business Analysis
The appeal was dismissed because the Petitioner failed to establish that the proffered position of an 'e-commerce business analyst' qualifie...
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 demonstrate that the proffered 'business system analyst' position qualifies as a s...
Specialty Occupation Educational Requirements
dismissed
H-1B
Engineering Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'software quality assurance/integration e...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed
H-1B
Financial Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'business analyst' qualifies as a speci...
Specialty Occupation Definition Normal Minimum Educational Requirement Industry Degree Requirement Complexity And Uniqueness Of The Position'S Duties
dismissed
H-1B
Health Insurance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'associate consultant' qualifies as a s...
Specialty Occupation
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of "senior data reporting analyst" qualifies...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Accounting
The Director's decision to revoke the approved petition was withdrawn. The AAO found that the petitioner made impermissible and material cha...
Specialty Occupation Labor Condition Application (Lca) Prevailing Wage Material Change Post-Filing Grounds For Revocation
dismissed
H-1B
Health Insurance
The appeal was dismissed because the petitioner failed to establish that the proffered position of "consultant" qualifies as a specialty occ...
Specialty Occupation Bachelor'S Degree In A Specific Specialty
dismissed
H-1B
Aerospace Technology
The appeal was dismissed because the petitioner did not establish that the proffered position of international operations coordinator qualif...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Automotive Manufacturing
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
dismissed
H-1B
Medical Equipment
The appeal was dismissed because the Petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Bachelor'S Degree In A Specific Specialty
remanded
H-1B
Software Development
The case was remanded because a recent court decision and subsequent rescission of a USCIS policy memorandum affected the basis of the origi...
Availability Of Work Labor Condition Application (Lca) Compliance Job Title Consistency Wage Level
dismissed
H-1B
Sales Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of "sales manager" qualifies as a specialty ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
remanded
H-1B
Information Technology
The decision was remanded because it was affected by new policy guidance following the U.S. District Court's decision in Itserve Alliance, I...
Employer-Employee Relationship Specialty Occupation Availability Of Work
remanded
H-1B
Nuclear Medicine
The Director initially denied the petition for failing to establish an employer-employee relationship. The matter was remanded after a U.S. ...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Marketing And Advertising
The appeal was sustained because the petitioner provided a detailed job description for the proffered position and explained why the duties ...
Specialty Occupation Specialized And Complex Duties
remanded
H-1B
Information Technology
The appeal was remanded because new policy guidance was issued following a district court decision (Itserve Alliance, Inc. v. Cissna). This ...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Software Services
The Director's decision was deemed insufficient for review because it did not first determine if the position qualified as a specialty occup...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
dismissed
H-1B
Software 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 Common Industry Degree Requirement Or Position Complexity Employer Normally Requires Degree Specialized And Complex Duties
remanded
H-1B
Software Engineering
The decision was remanded because the record raised questions about whether the petitioner selected the correct Standard Occupational Classi...
Specialty Occupation Qualification Lca Correspondence Soc Code Appropriateness Wage Level Determination Minimum Educational Requirements
remanded
H-1B
Software Services
The decision was remanded due to a change in policy guidance regarding the employer-employee relationship. A recent court decision and subse...
Employer-Employee Relationship Availability Of Specialty Occupation Work
sustained
H-1B
Financial Analysis
The appeal was sustained because the AAO found that the petitioner provided a sufficiently detailed job description to establish the positio...
Specialty Occupation
remanded
H-1B
Software Development
The case was remanded for a new decision because USCIS rescinded its policy guidance regarding H-1B petitions for workers at third-party wor...
Specialty Occupation Third-Party Worksite
remanded
H-1B
Software Development
The case was remanded due to a change in USCIS policy guidance regarding H-1B petitions for workers at third-party worksites, following the ...
Specialty Occupation Third-Party Worksite Bachelor'S Degree Requirement Complexity Of Job Duties Credibility Of Documentation
sustained
H-1B
Healthcare Technology
The appeal was sustained after a de novo review concluded that the proffered 'Salesforce Developer' position was a specialty occupation. The...
Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Software Development
The case was remanded because new USCIS policy guidance was issued regarding H-1B workers at third-party worksites while the appeal was pend...
Specialty Occupation Third-Party Worksite Policy Sufficiency Of Job Description Statement Of Work (Sow)
remanded
H-1B
Advertising And Marketing
The decision was remanded because the record was insufficient for a full review of the specialty occupation claim. The AAO determined there ...
Specialty Occupation Lca Correspondence With Petition Soc Code Selection
sustained
H-1B
Business Analysis
The Director initially denied the petition because the proffered position of 'Payments Platform Analyst' was not found to be a specialty occ...
Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement
sustained
H-1B
Software Engineering
The Director initially denied the petition, concluding the Petitioner failed to show the Beneficiary was qualified for the position. On appe...
Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Information Technology
The appeal was remanded due to a change in USCIS policy guidance regarding H-1B petitions for workers at third-party worksites, which occurr...
Employer-Employee Relationship Availability Of Specialty Occupation Work Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided inconsistent information regarding the position's minimum educational requirements ...
Specialty Occupation
remanded
H-1B
Software Development
The appeal was remanded due to significant procedural errors in the Director's revocation process. The Notice of Intent to Revoke (NOIR) did...
Employer-Employee Relationship Fraud Finding Procedural Requirements For Revocation (Noir) Validity Of Job Offer Discrepancies In Evidence
sustained
H-1B
Information Technology
The appeal was sustained because USCIS rescinded its policy guidance regarding third-party worksites, which was a basis for the initial deni...
Specialty Occupation Availability Of Work / Third-Party Worksite
remanded
H-1B
Finance
The AAO determined that the petitioner successfully demonstrated that the proffered 'deputy CFO' position qualifies as a specialty occupatio...
Specialty Occupation Acwia Fee
remanded
H-1B
Software Development
The case was remanded because new USCIS policy guidance regarding H-1B petitions for workers at third-party worksites was issued while the a...
Specialty Occupation Third-Party Worksites
remanded
H-1B
Information Technology
The appeal was remanded due to new USCIS policy guidance on the employer-employee relationship that was issued while the appeal was pending....
Employer-Employee Relationship Availability Of Work Specialty Occupation Educational And Experience Requirements Wage Level
remanded
H-1B
Information Technology
The case was remanded because a recent district court decision (Itserve Alliance, Inc. v. Cissna) led USCIS to rescind its policy guidance o...
Employer-Employee Relationship Availability Of Qualifying Work
remanded
H-1B
Software Development
The case was remanded because USCIS issued new policy guidance concerning the employer-employee relationship, which was a basis for the init...
Specialty Occupation Employer-Employee Relationship Availability Of Qualifying Work
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