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 40 of 50
remanded
H-1B
Information Technology
The appeal was remanded because new USCIS policy guidance was issued after the initial denial, affecting the adjudication of H-1B petitions ...
Employer-Employee Relationship Availability Of Qualifying Work Specialty Occupation
remanded
H-1B
Information Technology
The appeal was remanded due to a change in USCIS policy. Following a federal court decision, USCIS rescinded prior guidance on H-1B petition...
Employer-Employee Relationship Availability Of Qualifying Work Third-Party Worksite
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. ...
Criterion 1 Criterion 2 Criterion 3 Criterion 4
remanded
H-1B
Information Technology
The appeal was remanded because the Director's decision was insufficient for review. The Director improperly focused on the beneficiary's qu...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Talent Agency
The appeal was dismissed because the petitioner failed to prove that the proffered 'talent agent' position qualifies as a specialty occupati...
Normal Degree Requirement For Position Degree Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Transportation And Logistics
The appeal was dismissed because the petitioner failed to respond to a Request for Evidence (RFE/NOID). The RFE/NOID raised concerns that th...
Proper Filing Of Appeal Legal Standing Petitioner'S Business Viability Failure To Respond To Rfe/Noid
sustained
H-1B
Computer Programming
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. T...
Specialty Occupation
remanded
H-1B
Law
The appeal was remanded because the Director's initial decision was found to be insufficient for review. The Director had denied the petitio...
Beneficiary Qualifications Licensure Requirement Degree Equivalency Experience Equivalency
dismissed
H-1B
Semiconductor Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'supply chain business systems analyst' q...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'consultant' position qualifies as a specialty occu...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement Of A Bachelor'S Degree
remanded
H-1B
Information Technology
The appeal was remanded because new USCIS policy guidance concerning the employer-employee relationship was issued following a district cour...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The case was remanded because a recent court decision and subsequent USCIS policy change affected the standard for evaluating the employer-e...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The case was remanded due to a change in policy guidance following a federal court decision (Itserve Alliance, Inc. v. Cissna), which prompt...
Employer-Employee Relationship Extension Of Status Specialty Occupation
dismissed
H-1B
Cabinetry Manufacturing
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish a valid employer-employee relationship. Following a federal court decisi...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Payments Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'credit operations analyst' position qualifies as a s...
Specialty Occupation Definition (Ina § 214(I)(1)) Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Common Industry Degree Requirement / Unique Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Employer'S Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(3)) Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4))
dismissed
H-1B
Credit Management
The appeal was dismissed because the petitioner failed to establish that the proffered position is a specialty occupation. The petitioner's ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Food Manufacturing
The Director denied the petition, concluding the Beneficiary was not qualified for the proffered position. The AAO sustained the appeal afte...
Beneficiary Qualifications
remanded
H-1B
Consulting
The case was remanded because of new policy guidance from USCIS regarding the employer-employee relationship, which resulted from the Itserv...
Employer-Employee Relationship Specialty Occupation Availability Of Specialty Occupation Work End-Client Requirements
dismissed
H-1B
Computer Programming
The appeal was dismissed as moot. The petitioner had filed another H-1B petition for the same beneficiary which was subsequently approved, r...
Employer-Employee Relationship Sufficient Specialty Occupation Work
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not provide sufficient and consistent evidence to establish the substantive nature of th...
Specialty Occupation
sustained
H-1B
Software Development
The appeal was sustained because the AAO concluded that the petitioner had overcome the basis for the director's denial. The AAO found that ...
Specialty Occupation Labor Condition Application (Lca) Correspondence Specialized And Complex Duties Bachelor'S Degree Requirement
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to provide sufficient evidence to establish the substantive nature of the proffered p...
Criterion 1 Criterion 2 Criterion 3 Criterion 4
dismissed
H-1B
Information Technology
The appeal was dismissed due to inconsistencies in the record. The petitioner failed to establish that the beneficiary would be employed in ...
Specialty Occupation Definition (Ina § 214(I)(1)) Criteria For Specialty Occupation Positions (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Consistency Of Evidence And Contractual Agreements
sustained
H-1B
Business
The appeal was sustained because the petitioner established that the proffered position qualifies as a specialty occupation. While the petit...
Normal Degree Requirement For Position Industry Standard Degree Requirement Position'S Complexity Or Uniqueness Requires A Degree Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Unknown
The appeal was dismissed as moot. A separate H-1B petition filed on behalf of the same beneficiary had been approved, rendering this case un...
dismissed
H-1B
Computer Programming
The appeal was dismissed as moot. The Director initially denied the petition for failing to establish that sufficient specialty occupation w...
Specialty Occupation Availability Of Work
dismissed
H-1B
Web Development
The appeal was dismissed because the petitioner failed to prove that the proffered web developer position qualifies as a specialty occupatio...
Specialty Occupation Requirement Normal Degree Requirement For The Position Industry Hiring Practices
remanded
H-1B
Information Technology
The case was remanded so the Director could reconsider the denial in light of a recent district court decision and a subsequent USCIS policy...
Specialty Occupation Availability Of Work Employer-Employee Relationship Lca Correspondence
remanded
H-1B
Computer Software
The Director initially denied the petition, concluding the record did not establish that the beneficiary would perform services in a special...
Specialty Occupation Employer-Employee Relationship
remanded
H-1B
Software Consulting
The Director initially denied the petition for failing to establish an employer-employee relationship. The case was remanded because, while ...
Employer-Employee Relationship
remanded
H-1B
Software Engineering
The appeal was remanded following a U.S. District Court decision and a subsequent USCIS policy change regarding the employer-employee relati...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Unknown
The appeal was dismissed because the matter was deemed moot. Subsequent to the appeal filing, the beneficiary became a lawful permanent resi...
Specialty Occupation
remanded
H-1B
Computer Science
The case was remanded for reconsideration following a change in USCIS policy guidance related to third-party worksites. The AAO also found n...
Criterion 1 Criterion 2 Criterion 3 Criterion 4
dismissed
H-1B
Business And Marketing
The appeal was dismissed on procedural grounds because the Form I-129 was not properly signed by an authorized representative of the petitio...
Valid Signature On Petition
dismissed
H-1B
Unknown
The appeal was dismissed as moot. USCIS records indicated that another H-1B petition filed on behalf of the same Beneficiary had been approv...
Mootness Subsequent Approved Petition
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove it was legally authorized to conduct business in Texas without interruption ...
Petitioner'S Ability To Conduct Business Bona Fide Job Offer Franchise Tax Status
sustained
H-1B
Information Technology
The appeal was sustained because upon de novo review, the AAO concluded that the proffered position's duties are so specialized and complex ...
Specialty Occupation Bachelor'S Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Information Technology Consulting
The decision was remanded due to a recent change in USCIS policy guidance concerning the employer-employee relationship, following the Itser...
Employer-Employee Relationship Availability Of Qualifying Work Specialty Occupation Requirements Beneficiary'S Qualifications Validity Of Worksite Location
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Training and Development Specialist qua...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)-(4)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not establish that the proffered position of 'senior product manager' qualifies as a spe...
Specialty Occupation Position Beneficiary'S Qualifications
sustained
H-1B
Software Engineering
The Director initially denied the petition, concluding that the proffered 'Software Engineer 2' position did not qualify as a specialty occu...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree Requirement
remanded
H-1B
Information Technology
The case was remanded because new policy guidance regarding the employer-employee relationship was issued while the appeal was pending, requ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Software Technology
The appeal was dismissed because it was deemed moot. The record showed that the Petitioner had filed another H-1B petition on behalf of the ...
Specialty Occupation
remanded
H-1B
Information Technology
The Director's decision was withdrawn and the case was remanded. This was done because new USCIS policy guidance was issued while the appeal...
Employer-Employee Relationship Availability Of Qualifying Work
sustained
H-1B
Information Technology
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position as a specialty occupation...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed primarily on a procedural basis. The petitioner failed to challenge one of the three independent grounds for denial...
Specialty Occupation Definition Abandonment Of Appeal Grounds Employer-Employee Relationship Material Change To Petition Prevailing Wage And Soc Code
remanded
H-1B
Staffing
The appeal was remanded because USCIS rescinded its policy guidance regarding H-1B petitions for workers at third-party worksites after a fe...
Employer-Employee Relationship Specialty Occupation Third-Party Worksites
remanded
H-1B
Software Development
The matter was remanded for the Director to consider the case anew in light of new policy guidance concerning the employer-employee relation...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Consulting
The appeal was sustained because the AAO concluded that the petitioner had valid work available for the beneficiary at the time of filing. T...
Specialty Occupation Availability Of Work
remanded
H-1B
Software Engineering
The decision was remanded following a change in policy guidance regarding the employer-employee relationship, prompted by the Itserve Allian...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Quality Assurance
The appeal was dismissed as moot. The record indicated that the petitioner filed another H-1B petition for the same beneficiary, which was a...
Specialty Occupation Availability Of Work
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position at a third-party worksite qualifies as a spe...
Specialty Occupation Employer-Employee Relationship End-Client Evidence
dismissed
H-1B
Healthcare Products
The appeal was dismissed because the petitioner failed to establish that the proffered 'business operations manager' position qualifies as a...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate that the Labor Condition Application (LCA) corresponded with and suppo...
Labor Condition Application (Lca) Correspondence H-1B Cap Exemption Prevailing Wage Standard Occupational Classification (Soc) Code Wage Level
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 evi...
Specialty Occupation End-Client Work Requirements Minimum Educational Requirements Complexity And Specialization Of Duties
remanded
H-1B
Software Development
The Director initially denied the petition for failing to establish an employer-employee relationship. The appeal was remanded because a rec...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT services company, failed to provide sufficient evidence from the end-client to establ...
Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Third-Party Worksite Requirements (Defensor V. Meissner)
remanded
H-1B
Marketing And Advertising
The AAO found that the petitioner successfully demonstrated that the position qualifies as a specialty occupation based on the complexity of...
Specialty Occupation Definition Specialized And Complex Duties Prevailing Wage Rate Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Operations Research
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations research analyst' position qualifies as a...
Definition Of A Specialty Occupation Under Ina § 214(I)(L) Criterion 1: Normal Minimum Educational Requirement For The Position Criterion 2: Industry Parallel Positions Or Complexity/Uniqueness Of The Position Criterion 3: Employer Normally Requires A Degree For The Position Criterion 4: Specialization And Complexity Of Specific Duties 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'senior programmer analyst' qualifies as ...
Specialty Occupation Bachelor'S Degree Normally Required Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
remanded
H-1B
Advertising And Communications
The appeal was remanded because the record was insufficient for a final determination. The AAO questioned whether the Labor Condition Applic...
Specialty Occupation Lca Correspondence Position Duties Position Prerequisites Wage Level
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Specialty Occupation Employer-Employee Relationship
remanded
H-1B
Computer Science
The case was remanded for a new decision following the rescission of USCIS policy guidance related to third-party worksites. The AAO also di...
Employer-Employee Relationship Specialty Occupation Availability Of Work For The Requested Period
remanded
H-1B
Staffing
The appeal was remanded following a change in USCIS policy guidance concerning the employer-employee relationship, which stemmed from the It...
Employer-Employee Relationship Specialty Occupation Requirements
remanded
H-1B
Software Development
The AAO reopened the case on its own motion and withdrew its prior adverse decision. The matter was remanded for the Director to reconsider ...
Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence to prove the proffered position qualifies as a special...
Specialty Occupation Employer-Employee Relationship Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Management Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'management analyst' position qualifies as a specialt...
Normal Degree Requirement For Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4))
remanded
H-1B
Staffing
The appeal was remanded because a recent court decision and subsequent USCIS policy memorandum changed the guidance for evaluating the emplo...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner had filed another H-1B petition for the same beneficiary, which was subsequently approved, ...
Employer-Employee Relationship 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 ...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement For Position
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 d...
Specialty Occupation Bachelor'S Degree Requirement
dismissed
H-1B
Biopharmaceutical
The motion to reopen was dismissed because the petitioner did not present new facts, but rather restated old arguments and submitted additio...
Specialty Occupation Motion To Reopen Requirements Motion To Reconsider Requirements
remanded
H-1B
Investment Management
The initial denial was based on the petitioner failing to establish a valid employer-employee relationship. However, while the appeal was pe...
Employer-Employee Relationship
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'staff accountant' position qualifies as a specialt...
Specialty Occupation
remanded
H-1B
Information Technology
The decision was withdrawn and the case was remanded for a new decision following the issuance of new USCIS policy guidance regarding the em...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Specialty Occupation
The appeal was sustained because the petitioner overcame the director's denial by establishing the proffered position qualifies as a special...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) Specialty Occupation Definition
remanded
H-1B
Database Administration
The decision was remanded for reconsideration in light of new policy guidance regarding the employer-employee relationship, which was issued...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Employer-Employee Relationship Minimum Educational Requirements
remanded
H-1B
Information Technology
The appeal was remanded because the AAO found the record insufficient to determine if the proffered position qualifies as a specialty occupa...
Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Software Development
The Director denied the petition for not establishing a valid employer-employee relationship. The case was remanded because USCIS issued new...
Employer-Employee Relationship Specialty Occupation Labor Condition Application (Lca) End-Client Job Requirements
remanded
H-1B
Software Engineering
The appeal was remanded following a federal court decision (Itserve Alliance, Inc. v. Cissna) and a subsequent USCIS policy memorandum that ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Business Development
The appeal was dismissed because the wage level on the Labor Condition Application (LCA) did not correspond with the position's actual requi...
Employer-Employee Relationship Labor Condition Application (Lca) Specialty Occupation
dismissed
H-1B
Electronic Security Systems
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems engineer' position qualifies as a specialty ...
Normal Minimum Educational Requirement For The Position Industry Standard For Parallel Positions Complexity Or Uniqueness Of The Position Employer'S Normal Hiring Requirement For The Position Specialized And Complex Nature Of The Duties
remanded
H-1B
Computer Science
The decision was withdrawn and the case was remanded due to a change in USCIS policy. Following a federal court decision (Itserve Alliance, ...
Employer-Employee Relationship Specialty Occupation Lca Wage Level
remanded
H-1B
Information Technology
The case was remanded because a recent court decision and subsequent USCIS policy change affected the evaluation of the employer-employee re...
Specialty Occupation Employer-Employee Relationship
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO concluded that the petitioner successfully demonstrated the proffered position of payment platform ...
Specialty Occupation Labor Condition Application (Lca) Compliance
remanded
H-1B
Construction Consulting
The appeal was remanded because new policy guidance regarding the employer-employee relationship was issued while the appeal was pending. Th...
Employer-Employee Relationship Specialty Occupation Availability Of Specific Work Expert Opinion Letter
sustained
H-1B
Power Supply Technology
The appeal was sustained because the AAO concluded that the petitioner had valid work available and that the position's duties are so specia...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Software Engineering
The appeal was sustained because a review of the beneficiary's academic credentials and the position's duties established that the beneficia...
Beneficiary Qualifications Specialty Occupation Degree Requirement Experience Equivalency
sustained
H-1B
Software Engineering
The appeal was sustained because the petitioner overcame the basis for denial by providing a detailed job description and explaining why the...
Specialty Occupation Bachelor'S Or Higher Degree Requirement Specialized And Complex Duties
sustained
H-1B
Information Technology
The appeal was sustained because the AAO found that the petitioner successfully demonstrated the proffered position qualifies as a specialty...
Specialty Occupation Beneficiary Qualifications
remanded
H-1B
Information Technology
The case was remanded for a new decision because it was affected by new policy guidance concerning the employer-employee relationship. Follo...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because it was deemed moot. The record indicated that the Petitioner had filed a separate H-1B petition for the sam...
Specialty Occupation
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
dismissed
H-1B
Mobile Game Development
The appeal was dismissed because the petitioner failed to prove that the proffered 'associate product manager' position qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Marketing
The appeal was sustained because the AAO concluded that the evidence demonstrated the proffered position of 'product marketing manager' qual...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) Specialty Occupation
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO determined that the proffered position of business analyst qualifies as a specialty occupation. The...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
sustained
H-1B
Financial Services
The appeal was sustained because the petitioner established that the proffered position of business analyst qualifies as a specialty occupat...
Specialty Occupation
remanded
H-1B
Software Development
The case was remanded following a new USCIS policy memorandum that resulted from the federal court decision in Itserve Alliance, Inc. v. Cis...
Specialty Occupation Employer-Employee Relationship
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