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 43 of 50
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner incorrectly classified the proffered position as a Level I wage on the Labor Condition Appli...
Lca Correspondence Prevailing Wage Level
dismissed
H-1B
Apparel
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'strategic market research analyst' position qualif...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
remanded
H-1B
Information Technology
The appeal was remanded following a federal court decision (Itserve Alliance, Inc. v. Cissna) that led to USCIS rescinding its policy guidan...
Specialty Occupation Third-Party Worksite
dismissed
H-1B
Chemical Engineering
The appeal was dismissed because the beneficiary's work assignment changed to a new end-client after the petition was filed, constituting a ...
Specialty Occupation Employer-Employee Relationship Material Change In Employment Eligibility At Time Of Filing Valid Labor Condition Application (Lca)
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner provided inconsistent and insufficient evidence regarding its business operations and the se...
Specialty Occupation Definition Regulatory Criteria At 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 qualifies as a specialty occupation. The AAO...
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner provided inconsistent information regarding its number of employees, making it difficult to ...
Specialty Occupation Bachelor'S Degree Requirement Nature Of Duties
sustained
H-1B
Business Administration
The appeal was sustained because the AAO determined that the petitioner successfully demonstrated the proffered position qualifies as a spec...
Proffered Position Qualifies As A Specialty Occupation Beneficiary'S Qualifications For The Position
dismissed
H-1B
Computer Science
The appeal was dismissed as moot. USCIS records indicated that the petitioner had filed another H-1B petition on behalf of the same benefici...
Specialty Occupation
dismissed
H-1B
Financial Services
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'financial solutions analyst' qualifies as a ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide sufficient, specific information about the proffered position of 'systems ...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the beneficiary was exempt from the annual H-1B numerical cap. The beneficia...
H-1B Cap Exemption Master'S Cap U.S. Institution Of Higher Education
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform at the ...
Specialty Occupation Requirements End-Client Work Requirements
dismissed
H-1B
Mechanical Engineering
The motions to reopen and reconsider were dismissed. The AAO determined the petitioner did not meet the procedural requirements for filing t...
Specialty Occupation Motion To Reopen Motion To Reconsider Labor Condition Application (Lca) Ineffective Assistance Of Counsel
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered "tech lead" position qualifies as a specialty occupat...
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
Unknown
The director initially denied the petition for failing to establish that the proffered position is a specialty occupation. The appeal was su...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) Beneficiary Qualifications
remanded
H-1B
Computer Programming
The appeal was remanded because new USCIS policy guidance regarding the employer-employee relationship was issued while the case was pending...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Energy Management
The appeal was dismissed because the petitioner failed to prove the 'energy markets manager' position is a specialty occupation. The AAO fou...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'program manager - cost and material plan...
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
Lodging Business
The appeal was remanded following a recent district court decision (Itserve Alliance, Inc. v. Cissna) that prompted USCIS to rescind its pol...
Employer-Employee Relationship
remanded
H-1B
Information Technology
The decision was remanded due to a change in USCIS policy guidance regarding the employer-employee relationship, which occurred while the ap...
Specialty Occupation Employer-Employee Relationship End-Client Job Requirements
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to prove the proffered 'business analyst' position qualifies as a specialty occupatio...
Specialty Occupation Definition Degree In A Specific Specialty Normal Minimum Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
Systems Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of systems engineer qualifies as a specialty...
Specialty Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition for failing to establish a valid employer-employee relationship. The case was remanded because a ...
Employer-Employee Relationship
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to provide a consistent and sufficiently detailed description of the job duties for t...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Pharmacy
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
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that non-speculative, specialty occupatio...
Specialty Occupation Non-Speculative Employment
remanded
H-1B
Wealth Management
The Director's decision was withdrawn because the AAO found the proffered position did qualify as a specialty occupation. However, the case ...
Specialty Occupation Lca Compliance Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position as a systems software engineer qualifies as ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Degree Requirements For Parallel Positions Complexity Or Uniqueness Of The Specific Duties Petitioner'S Normal Hiring Requirement Of A Degree
remanded
H-1B
Biotechnology Investment
The case was remanded because the Director's decision was insufficient for review. The AAO found a significant discrepancy between the proff...
Specialty Occupation Lca Correspondence Soc Code Accuracy
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner failed to establish that the proffered 'business intelligence analyst' position qualifies as...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Unknown
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
remanded
H-1B
Information Technology
The case was remanded because it was affected by new policy guidance issued by USCIS following the court decision in Itserve Alliance, Inc. ...
Employer-Employee Relationship Availability Of Specialty Occupation Work
dismissed
H-1B
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'marketing manager & research analyst' qu...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Quantitative Analysis
The appeal was sustained because the AAO found that the petitioner had established the proffered position as a specialty occupation. The pet...
Specialty Occupation Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'staff accountant' position qualifies as a specialty ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Parallel Positions' Common Degree Requirement Level Of Complexity Or Uniqueness Of The Position Employer'S Normal Hiring Requirement For A Degree Degree Of Specialization And Complexity Of The Specific Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'marketing analyst' qualifies as a specia...
Specialty Occupation Labor Condition Application (Lca)
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner, a website design and marketing company, failed to establish that the proffered 'marketing s...
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 establish that the proffered position of 'sales engineer' qualifies as a specialty...
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 prove that the proffered position of 'systems analyst' qualifies as a specialty oc...
Specialty Occupation Employer-Employee Relationship End-Client Work Requirements Sufficiency Of Job Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the issues became moot. The beneficiary's status was adjusted to that of a lawful permanent resident while ...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position of "master sections analyst" qualifies as a specialty...
Normal Degree Requirement For Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Industry Standard Or Position Complexity (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Employer'S Normal 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)) End-Client Evidence Requirement For Off-Site Work
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'DevOps Analyst (Database Architect)' qua...
Normal Minimum Degree Requirement
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'business consultant' position qualifies as a speci...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided conflicting information about the beneficiary's end-client and work location, chang...
Specialty Occupation Eligibility At Time Of Filing Material Change Labor Condition Application (Lca)
dismissed
H-1B
Unknown
The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary was approved, rendering the cu...
Specialty Occupation
dismissed
H-1B
Market Research
The appeal was dismissed due to significant inconsistencies in the description of the proffered position. The petitioner described the role ...
Specialty Occupation Definition 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
Information Technology
The appeal was sustained because the petitioner provided a detailed job description and successfully argued that the duties of the proffered...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. Although the initial petition was denied because the Director determined the position did not qualify as a...
Specialty Occupation
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'customer insights analyst' qualifies as ...
Normal Minimum Educational Requirement For The Position (Criterion 1) Industry Parallel Positions Common Degree Requirement (Criterion 2) Employer'S Normal Hiring Requirement For The Position (Criterion 3) Complexity And Specialization Of Duties (Criterion 4)
dismissed
H-1B
Information Technology
The appeal was dismissed because it was deemed moot. The petitioner had filed a separate H-1B petition for the same beneficiary, which was a...
Specialty Occupation
remanded
H-1B
Consulting And Staffing
The Director initially denied the petition for failing to establish an employer-employee relationship and a lack of corroborating material s...
Employer-Employee Relationship Availability Of Qualifying Work Third-Party Worksites
sustained
H-1B
E-Commerce
The appeal was sustained because the petitioner successfully demonstrated that it does not place individuals at third-party locations, a key...
Specialty Occupation Third-Party Worksite 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) Ina § 214(I)(1)
remanded
H-1B
Consulting
The Director initially denied the petition for failing to establish an employer-employee relationship and not demonstrating that qualifying ...
Employer-Employee Relationship Availability Of Qualifying Work
dismissed
H-1B
Technology Consulting
The appeal was dismissed as moot. The AAO found that the petitioner had filed another H-1B petition for the same beneficiary, which had been...
Specialty Occupation
sustained
H-1B
Information Technology
The appeal was sustained because the AAO concluded, upon de novo review, that the proffered position's duties are so specialized and complex...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform. The re...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, a staffing company, failed to provide sufficient evidence about the work to be performed at...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A))
sustained
H-1B
Data Science
The Director initially denied the petition, finding the proffered position did not qualify as a specialty occupation. The AAO sustained the ...
Specialty Occupation Bachelor'S Degree Requirement Beneficiary Qualifications
remanded
H-1B
Information Technology
The appeal was remanded because new USCIS policy guidance was issued regarding H-1B petitions for workers at third-party worksites following...
Employer-Employee Relationship Availability Of Specialty Occupation Work
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was rendered moot. After the initial petition was denied, the petitioner filed a new H-1B petitio...
Labor Condition Application Mootness
remanded
H-1B
Information Technology
The appeal was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) and a subsequent USCIS policy change affected the...
Specialty Occupation Employer-Employee Relationship Off-Site Employment End-Client Requirements Labor Condition Application (Lca) Wage Level
remanded
H-1B
Technology
The appeal was remanded following a recent court decision and subsequent rescission of USCIS policy guidance concerning H-1B petitions for w...
Specialty Occupation Third-Party Worksite
sustained
H-1B
Financial Services
The appeal was sustained because the petitioner demonstrated that the position qualified as a specialty occupation. The AAO found that the r...
Specialty Occupation Position Complexity Degree Requirement
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary, which...
Specialty Occupation
remanded
H-1B
Workforce Solutions
The decision was remanded due to a change in USCIS policy following the Itserve Alliance, Inc. v. Cissna court case, which impacts the evalu...
Employer-Employee Relationship Availability Of Qualifying Work Labor Condition Application (Lca)
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was rendered moot. The petitioner had filed a subsequent H-1B petition on behalf of the same bene...
Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed because the issue became moot. U.S. Citizenship and Immigration Services records indicated that the beneficiary had...
Specialty Occupation
remanded
H-1B
Food Science
The AAO found that the petitioner successfully established the position as a specialty occupation, withdrawing the Director's initial reason...
Specialty Occupation Prevailing Wage Lca Compliance Specialized And Complex Duties
dismissed
H-1B
Clinical Research
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'statistical analyst/programmer I' qual...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement Of A Baccalaureate Or Higher Degree
remanded
H-1B
E-Commerce
The appeal was remanded because the Director's decision was deemed insufficient for review. The AAO identified several unresolved issues tha...
Specialty Occupation Lca Certification Soc Code Prevailing Wage Job Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because it challenged the Director's denial of a motion to reopen/reconsider, but the petitioner failed to address ...
Specialty Occupation Beneficiary Qualifications Motion To Reopen Motion To Reconsider
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO found the petitioner provided credible, detailed descriptions of the job duties for the data analys...
Specialty Occupation Bachelor'S Degree Requirement Highly Specialized Knowledge
sustained
H-1B
Computer Science
The appeal was sustained because the petitioner provided credible, detailed descriptions of the duties, establishing that the 'senior digita...
Specialty Occupation Definition Complexity/Uniqueness Of Position Minimum Degree Requirement
sustained
H-1B
Engineering
The appeal was sustained because the AAO found the petitioner provided credible and detailed descriptions of the duties. The evidence establ...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree Requirement Position Complexity
sustained
H-1B
Computer Science
The appeal was sustained because the petitioner provided credible, detailed descriptions of the duties, establishing that the proffered posi...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree Requirement
sustained
H-1B
Engineering
The appeal was sustained because the petitioner provided credible and detailed descriptions of the job duties and the specific, narrow range...
Specialty Occupation Highly Specialized Knowledge Minimum Degree Requirement
sustained
H-1B
Data Engineering
The appeal was sustained because the petitioner provided credible, detailed descriptions of the job duties and the narrow range of degrees i...
Specialty Occupation Requirement Of A Bachelor'S Degree Or Higher In A Specific Specialty Position Complexity
sustained
H-1B
Mechanical Engineering
The appeal was sustained because the AAO found that the petitioner provided credible, detailed descriptions of the duties, establishing by a...
Specialty Occupation Definition Minimum Degree Requirement Position Complexity Beneficiary'S Qualifications
sustained
H-1B
Computer Science
The appeal was sustained because the AAO found that the petitioner provided credible and detailed descriptions of the job duties. The eviden...
Specialty Occupation Degree Requirement Position Complexity
sustained
H-1B
Computer Science
The appeal was sustained because upon de novo review, the AAO found that the petitioner provided sufficient evidence, such as project descri...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a subsequent H-1B petition for the same beneficiary, which was...
Specialty Occupation Mootness
dismissed
H-1B
Business Analysis
The AAO's analysis found that the petitioner's evidence, including project descriptions and an advisory opinion, was sufficient to establish...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity
sustained
H-1B
Engineering
The appeal was sustained because the AAO found, upon de novo review, that the petitioner provided credible and detailed descriptions of the ...
Specialty Occupation Definition Minimum Degree Requirement Application Of Highly Specialized Knowledge Position Complexity
sustained
H-1B
Mechanical Engineering
The appeal was sustained because the petitioner provided sufficient evidence, including credible descriptions of duties and project examples...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree Requirement
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO found that the petitioner provided credible and detailed descriptions of the job duties, which esta...
Specialty Occupation Highly Specialized Knowledge Minimum Entry Requirement Of A Bachelor'S Degree In A Specific Specialty Position Complexity (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2))
remanded
H-1B
Software Development
The decision was remanded for reconsideration in light of a new USCIS policy memorandum concerning the employer-employee relationship, which...
Employer-Employee Relationship Specialty Occupation Requirements Third-Party Worksite Evidence
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, and that petition was a...
Specialty Occupation
remanded
H-1B
Information Technology
The case was remanded following a recent court decision (Itserve Alliance, Inc. v. Cissna) and new USCIS policy guidance regarding the emplo...
Specialty Occupation Employer-Employee Relationship End-Client Work Requirements
dismissed
H-1B
Software Engineering
The appeal was dismissed because the issue was found to be moot. The Beneficiary of the H-1B petition had already adjusted their status to t...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The appeal was remanded due to a new USCIS policy memorandum concerning the employer-employee relationship, issued after the Itserve Allianc...
Specialty Occupation Availability Of Work Employer-Employee Relationship End-Client Requirements Specific Job Duties
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a separate H-1B petition on behalf of the same beneficiary, an...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Pharmaceutical Science
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position qualifies as a specia...
Specialty Occupation Position Complexity Or Uniqueness Beneficiary Qualifications
dismissed
H-1B
Not Specified
The appeal was dismissed as moot. The petitioner had filed a subsequent H-1B petition on behalf of the same beneficiary, which was approved,...
Specialty Occupation
sustained
H-1B
Analytics
The appeal was sustained because the AAO found that the proffered position qualifies as a specialty occupation. Specifically, it determined ...
Specialty Occupation Position Complexity/Uniqueness
sustained
H-1B
Physics
The appeal was sustained because the AAO concluded that the proffered position qualifies as a specialty occupation. The decision found that ...
Specialty Occupation Position Complexity/Uniqueness Beneficiary Qualifications
remanded
H-1B
Software Development
The appeal was remanded primarily because new USCIS policy guidance regarding the employer-employee relationship was issued while the case w...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Information Technology
The case was remanded for the Director to issue a new decision applying updated USCIS policy guidance regarding the employer-employee relati...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a subsequent H-1B petition for the same beneficiary, which was...
Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because the AAO, upon de novo review, found that the petitioner had established the proffered position is a special...
Specialty Occupation Position Complexity Or Uniqueness Bachelor'S Degree Requirement Beneficiary'S Qualifications
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