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 42 of 50
remanded
H-1B
Information Technology
The case was remanded for a new decision in light of new USCIS policy guidance regarding H-1B petitions for workers at third-party worksites...
Employer-Employee Relationship Specialty Occupation Availability Of Qualifying Work Labor Condition Application (Lca) Requirements Prevailing Wage Level
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the initial petition was denied, the Petitioner filed a new petition for the same Beneficiary, which...
Specialty Occupation Mootness
remanded
H-1B
Information Technology
The appeal was remanded primarily because new USCIS policy guidance regarding H-1B petitions for third-party worksites was issued while the ...
Specialty Occupation Third-Party Worksite Requirements End-Client Job Requirements Sufficiency Of Contractual Evidence Appropriate Soc Code Prevailing Wage Level
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing specialist' position qualifies as a specia...
Normal Minimum Requirement For The Position
remanded
H-1B
Hardware And Software Manufacturing
The appeal was remanded because the record was not sufficiently developed to determine if the position qualified as a specialty occupation. ...
Specialty Occupation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code Wage Level
dismissed
H-1B
Architecture And Design
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'junior designer' position qualifies as a specialty...
Specialty Occupation Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided inconsistent and insufficient information regarding the proffered position. The rec...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Brand Management
The appeal was remanded due to new USCIS policy guidance issued while the case was pending, and because the Director erred in the specialty ...
Specialty Occupation Normal Degree Requirement For Position (Criterion 1) Lca Correspondence With Petition
remanded
H-1B
Unknown
The case was remanded because USCIS failed to process the petitioner's timely request to withdraw the initial petition. The petitioner had m...
Multiple Cap-Subject Filings
dismissed
H-1B
Marketing And Technology
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation. The p...
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 case was remanded for reconsideration in light of new USCIS policy guidance concerning H-1B petitions for workers at third-party worksit...
Employer-Employee Relationship Availability Of Qualifying Work
remanded
H-1B
Shipping
The appeal was remanded because while the AAO agreed with the petitioner that the position qualifies as a specialty occupation, the evidence...
Specialty Occupation Beneficiary Qualifications Degree Equivalency
dismissed
H-1B
Computer Systems Administration
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'network and computer systems administrator' ...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the Director correctly determined that the record did not establish the Beneficiary was qualified to perfor...
Beneficiary Qualifications Degree Equivalency Work Experience Equivalency Recognition Of Expertise
remanded
H-1B
Business Development
The appeal was remanded because the Director's decision appeared insufficient for review, as it did not seem to factor in additional informa...
Specialty Occupation Degree Requirement Material Change Wage Level
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish a valid employer-employee relationship. The AAO remanded the case becaus...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO determined that the petitioner successfully demonstrated the proffered software engineer position q...
Specialty Occupation Definition Degree Requirement For The Position Complexity Of Job Duties
remanded
H-1B
Information Technology
The appeal was remanded following a change in USCIS policy guidance resulting from the U.S. District Court decision in Itserve Alliance, Inc...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Construction
The Director denied the petition, concluding the proffered position did not qualify as a specialty occupation. The AAO sustained the appeal,...
Specialty Occupation
remanded
H-1B
Software Development
The Director's decision was withdrawn and the case was remanded due to new USCIS policy guidance issued following a district court ruling. A...
Specialty Occupation Lca Correspondence Soc Code Wage Level
remanded
H-1B
Software Consulting
The case was remanded because new USCIS policy guidance was issued following a district court decision, rescinding previous policies related...
Employer-Employee Relationship Specialty Occupation Third-Party Worksite
remanded
H-1B
Information Technology
The decision was remanded due to new USCIS policy guidance regarding H-1B petitions for workers at third-party worksites, which was issued w...
Specialty Occupation Third-Party Worksite Soc Code Wage Level
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'software developer' position qualifies as a specialt...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to sufficiently establish the services the beneficiary would perform. The record cont...
Specialty Occupation Definition Bachelor'S Degree Requirement Employer-Employee Relationship End-Client Work Requirements
sustained
H-1B
Data Analytics
The appeal was sustained because the AAO found that the proffered position's duties were sufficiently specialized and complex, requiring kno...
Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties
remanded
H-1B
Information Technology
The Director's decision was withdrawn and the case was remanded because the record was insufficient for review. The AAO could not determine ...
Specialty Occupation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code Petitioner'S Business Status
remanded
H-1B
Information Technology
The appeal was remanded because USCIS rescinded a policy memorandum concerning H-1B petitions for workers at third-party worksites, which af...
Specialty Occupation Availability Of Work Third-Party Worksites
remanded
H-1B
It Staffing
The case was remanded because new USCIS policy guidance regarding the employer-employee relationship for H-1B workers at third-party sites w...
Employer-Employee Relationship Specialty Occupation Availability Of Non-Speculative Work Third-Party Worksites End-Client Position Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position qualifies as a specialty occupation. The AAO found th...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'product specialist' position qualifies as a specia...
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 as moot. The AAO found that the Petitioner had filed a separate H-1B petition for the same Beneficiary which was su...
Specialty Occupation
sustained
H-1B
Information Technology
The Director initially denied the petition, concluding the record did not establish that the proffered position qualified as a specialty occ...
Specialty Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition for concluding the petitioner did not establish a valid employer-employee relationship. While the...
Employer-Employee Relationship Third-Party Worksite Specialty Occupation
dismissed
H-1B
Market Research
The combined motion to reopen and reconsider was dismissed on procedural grounds because it failed to include a required statement about jud...
Specialty Occupation Motion To Reopen Motion To Reconsider
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition on behalf of the same beneficiary, which was approved, ren...
Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was dismissed as moot. The AAO noted that the petitioner filed a subsequent H-1B petition for the same beneficiary, and that peti...
Specialty Occupation
remanded
H-1B
Information Technology
The case was remanded due to new policy guidance issued after the U.S. District Court decision in Itserve Alliance, Inc. v. Cissna. This new...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Business Analysis
The appeal was sustained because the petitioner provided sufficient evidence, including a detailed job description, to establish that the pr...
Specialty Occupation
dismissed
H-1B
Semiconductor Design
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing due to an invalid Labor Condition Appl...
Labor Condition Application (Lca) H-1B Dependency Status Specialty Occupation
sustained
H-1B
Automobile Rental And Leasing
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered sourcing manager position qual...
Specialty Occupation
dismissed
H-1B
Cleaning And Painting Services
The appeal was dismissed because the petitioner did not establish that the proffered 'management analyst' position qualifies as a specialty ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed
H-1B
Computer Science
The motion to reconsider was dismissed because the petitioner failed to establish that the proffered position of 'computer user program anal...
Specialty Occupation Definition Job Duties Labor Condition Application (Lca) Standard Occupation Classification (Soc) Code O*Net Job Zone Prevailing Wage Level
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. The AAO found that the petitioner had filed a new I-129 petition on behalf of the beneficiary, which was s...
Specialty Occupation
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. Although the initial petition was denied because the position was not found to be a specialty occupation, ...
Specialty Occupation Mootness
dismissed
H-1B
Hris
The appeal was dismissed because the petitioner failed to consistently establish the duties the beneficiary would perform. The petitioner pr...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Hiring Requirements Complexity And Specialization Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed due to material inconsistencies and a lack of specificity regarding the beneficiary's duties, which prevented a det...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the position as a specialty occupation. The initially stated degree requ...
Normal Degree Requirement For Position Industry-Common Degree Requirement Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
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...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Specialty Occupation
The appeal was dismissed because the issue was deemed moot. Subsequent to filing the appeal, the beneficiary became a lawful permanent resid...
Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the appeal was filed, the beneficiary became a lawful permanent resident, which rendered the pursuit...
Specialty Occupation Mootness
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new H-1B petition for the same beneficiary w...
Specialty Occupation
sustained
H-1B
Manufacturing
The appeal was sustained because the AAO concluded that the position's duties are so specialized and complex that the knowledge required to ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Electronic Design Automation
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'associate applications engineer' qualifi...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
remanded
H-1B
Environmental Testing
The appeal was remanded because a new court decision (Itserve Alliance, Inc. v. Cissna) led to the rescission of prior USCIS policy guidance...
Specialty Occupation Third-Party Worksite
remanded
H-1B
Software Consulting
The initial denial was based on the petitioner's failure to establish an employer-employee relationship. The AAO remanded the case because a...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because the AAO concluded that the petitioner successfully demonstrated the proffered position is a specialty occup...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. After the director denied the initial petition, the petitioner filed a new Form I-129 for the same benefic...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was summarily dismissed on procedural grounds because the petitioner failed to submit a brief or additional evidence. The petitio...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. The AAO noted that the petitioner had filed another, subsequent H-1B petition for t...
Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because upon de novo review, the AAO found that the petitioner provided sufficient evidence to establish the availa...
Specialty Occupation Definition Availability Of Work Beneficiary Qualifications
remanded
H-1B
Software Solutions
The Director's decision was withdrawn and the matter was remanded for a new decision. The remand was prompted by a change in USCIS policy re...
Specialty Occupation Third-Party Worksite
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'sr. software engineer' qualifies as a sp...
Specialty Occupation Sufficiently Detailed Job Duties End-Client Work Requirements
dismissed
H-1B
Architecture
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'architectural drafter' qualifies as a sp...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not provide sufficient evidence to establish the specific services the beneficiary would...
Specialty Occupation Definition Bachelor'S Degree Requirement Duties Of The Position Third-Party Worksite Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO concluded that the petitioner had established the proffered position as a specialty occupation. The...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because it was deemed moot. After the initial denial, the petitioner filed a new H-1B petition for the same benefic...
Specialty Occupation
dismissed
H-1B
Optics And Photonics
The Director initially denied the petition, concluding the proffered position of 'exhibit operations coordinator' was not a specialty occupa...
Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the appeal was filed, records indicated that the beneficiary had become a lawful permanent resident,...
Specialty Occupation
dismissed
H-1B
Data Analysis
The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had already been approved, ren...
Specialty Occupation Mootness
remanded
H-1B
Database Administration
The decision was remanded for reconsideration in light of new policy guidance. Following a district court decision in Itserve Alliance, Inc....
Specialty Occupation Requirements Employer-Employee Relationship Non-Speculative Work Third-Party Worksite Requirements
dismissed
H-1B
Management Consulting
The appeal was dismissed because it was considered moot. The petitioner filed a subsequent H-1B petition for the same beneficiary, which was...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed as abandoned because the Petitioner did not respond to an AAO request to verify its intent to pursue the appeal. Th...
Specialty Occupation Abandonment
dismissed
H-1B
Data Science
The appeal was dismissed because the petitioner failed to prove that a specialty occupation position was available for the beneficiary at th...
Specialty Occupation Definition Availability Of Work At Time Of Filing Sufficiently Specialized Duties Third-Party Worksite Requirements
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. After the appeal was filed, the Beneficiary became a lawful permanent resident, mak...
Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to prove the proffered 'software engineer' position qualifies as a specialty occupati...
Non-Speculative Work Availability Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criteria
dismissed
H-1B
Clinical Informatics
The appeal was dismissed because the petitioner did not adequately establish the specific services the beneficiary would perform. The record...
Specialty Occupation Definition Clarity Of Job Duties Minimum Educational Requirements Consistency Of Evidence
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'senior data analyst' qualifies as a spec...
Specialty Occupation Definition Normal Minimum Educational Requirement (Criterion 1) Industry Standard Requirement Or Position Complexity (Criterion 2) Employer'S Normal Hiring Requirement (Criterion 3) Nature Of The Specific Duties (Criterion 4)
dismissed
H-1B
Marketing
The appeal was dismissed because the proffered position of 'senior retail shopper marketing manager' did not qualify as a specialty occupati...
Normal Minimum Requirement For The Position Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex Requirement For A Degree In A Specific Specialty
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary, and that petition was approv...
Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the appeal was filed, the beneficiary became a lawful permanent resident, which made further pursuit...
Specialty Occupation
sustained
H-1B
Decision Management
The appeal was sustained because the AAO determined that the totality of the evidence established the position qualified as a specialty occu...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Research
The appeal was dismissed as moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary which was approved, rendering...
Specialty Occupation
sustained
H-1B
Machine Learning Engineer
The appeal was sustained because the AAO determined that the petitioner successfully established the proffered position of 'machine learning...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Business Analysis
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition for the same beneficiary which was approved, rendering fur...
Specialty Occupation
sustained
H-1B
Product Management
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position of 'product manager' qual...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Software Development
The appeal was dismissed because it was considered moot. A subsequent H-1B petition filed by the same petitioner on behalf of the same benef...
Beneficiary'S Qualifications Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was deemed moot. The petitioner had filed another H-1B petition for the same beneficiary, which w...
Specialty Occupation
dismissed
H-1B
Business Analysis
The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had already been approved, ren...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Specialty Occupation Definition Bachelor'S Degree Requirement Sufficiently Detailed Job Duties 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Clinical Research
The appeal was dismissed because the petitioner failed to establish that the proffered 'associate consultant' position qualifies as a specia...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
sustained
H-1B
Software Engineering
The Director initially denied the petition, concluding the Beneficiary was not qualified for the position. Upon de novo review, the AAO sust...
Beneficiary'S Qualifications Foreign Degree Equivalency Specialty Occupation
dismissed
H-1B
Wealth Management
The appeal was dismissed because the petitioner failed to establish that the 'content and communications director' position qualifies as a s...
Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management analyst' qualifies as a speci...
Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Software Technology
The appeal was dismissed because the Petitioner did not establish that the proffered "product market manager" position qualifies as a specia...
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 provided inconsistent information regarding the position's duties. The described responsibil...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish the specific services the beneficiary wou...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The AAO found that the petitioner had filed a duplicate appeal that previously addressed the grounds for t...
Specialty Occupation Mootness Duplicate Appeal Filing
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish the specific services the beneficiary wou...
Specialty Occupation Definition Bachelor'S Or Higher Degree Requirement Sufficiency Of Evidence For Services To Be Performed Third-Party Worksite Requirements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'operations center engineer' qualifies as...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A))
remanded
H-1B
Information Technology
The case was remanded because new USCIS policy guidance was issued while the appeal was pending. This new policy, resulting from the Itserve...
Availability Of Qualifying Work Employer-Employee Relationship Third-Party Worksites
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