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 (4)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
4985 total decisions
Page 44 of 50
dismissed
H-1B
Management Consulting
The appeal was dismissed because the issue was deemed moot. The petitioner had already filed a subsequent H-1B petition for the same benefic...
Specialty Occupation
dismissed
H-1B
Management Consulting
The appeal was dismissed because the issue was deemed moot. After the initial denial, the petitioner filed a subsequent H-1B petition on beh...
Specialty Occupation
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a subsequent H-1B petition for the same beneficiary which had ...
Specialty Occupation
dismissed
H-1B
Sports Management
The motion to reopen and reconsider a prior summary dismissal was dismissed on procedural grounds. The petitioner failed to meet filing requ...
Motion To Reopen Requirements Motion To Reconsider Requirements Specialty Occupation Labor Condition Application (Lca) Compliance
dismissed
H-1B
Information Technology
The motion to reconsider was dismissed primarily for failing to meet procedural requirements, specifically not including a required statemen...
Motion To Reconsider Requirements Lca/Prevailing Wage
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The Petitioner filed a subsequent H-1B petition for the same Beneficiary, which was approved, rendering th...
Specialty Occupation
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. The AAO did not review the merits of the case because the Beneficiary's status had been adjusted to that o...
Specialty Occupation
dismissed
H-1B
Management Consulting
The appeal was dismissed as abandoned. The AAO sent a letter to the petitioner requesting verification of its intent to pursue the appeal, b...
Specialty Occupation Abandonment
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 Definition Bachelor'S Degree Requirement In A Specific Specialty Detailed Job Duties For Third-Party Worksites 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criteria
dismissed
H-1B
Unknown
The appeal was dismissed as moot. U.S. Citizenship and Immigration Services records indicated that the petitioner had filed a subsequent H-1...
Beneficiary Qualifications Mootness
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The AAO found that the petitioner had filed a subsequent H-1B petition for the same beneficiary, which was...
Specialty Occupation
remanded
H-1B
Scientific Editing
The AAO found that the petitioner successfully established the proffered 'assistant scientific editor' position as a specialty occupation, w...
Specialty Occupation Labor Condition Application (Lca) Wage Level
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered position of 'software developer, applications' qualifies as a ...
Specialty Occupation Third-Party Worksite Arrangements Sufficiency Of Contractual Agreements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to provide sufficient evidence establishing the specific services the beneficiary wou...
Specialty Occupation Services To Be Performed End-Client Work Documentation Eligibility At Time Of Filing
dismissed
H-1B
Software Development
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a separate H-1B petition for the same beneficiary which was ap...
Lca Correspondence Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position is a specialty occupation. The record contai...
Specialty Occupation Employer-Employee Relationship Valid Labor Condition Application (Lca)
dismissed
H-1B
Unknown
The appeal was dismissed as moot. A subsequent Form I-129 petition for H-1B classification filed by the Petitioner on behalf of the same Ben...
Specialty Occupation
sustained
H-1B
Quantitative Research And Analysis
The appeal was sustained because the AAO concluded that the petitioner successfully demonstrated the proffered position qualifies as a speci...
Specialty Occupation Beneficiary Qualifications Specialized And Complex Duties Requiring A Bachelor'S Degree
dismissed
H-1B
Geomechanics
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Specialty Occupation Bona Fide Work For Beneficiary Client-Site Work Requirements
dismissed
H-1B
Software Development
The appeal was dismissed as moot. The petitioner had filed a separate H-1B petition on behalf of the same beneficiary, which was subsequentl...
Specialty Occupation
dismissed
H-1B
Finance
The motion to reopen was dismissed because the petitioner did not submit new facts or evidence. The motion to reconsider was dismissed becau...
Specialty Occupation Beneficiary Qualifications Motion To Reopen Motion To Reconsider
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 Services To Be Performed 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criterion 1 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criterion 2 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criterion 3 8 C.F.R. § 214.2(H)(4)(Iii)(A) Criterion 4
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was rendered moot. A separate H-1B petition filed by the petitioner for the same beneficiary had ...
Specialty Occupation Mootness
dismissed
H-1B
Specialty Occupation
The appeal was dismissed because the issue was considered moot. USCIS records indicated that the Petitioner had filed another Form I-129 H-1...
Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because it was considered moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had alr...
Specialty Occupation
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'legal assistant' qualifies as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'technical lead' qualifies as a specialty...
Specialty Occupation Off-Site Client Work Requirements
dismissed
H-1B
Audio And Video Equipment Manufacturing
The appeal was dismissed because the petitioner's check for a required filing fee was returned unpaid by their bank. USCIS regulations state...
Fee Payment Acwia Fee Employee Count
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered 'sr. software engineer' position qualifies as a specialty occu...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Unknown
The appeal was sustained because, upon de novo review, the AAO found the evidence of record sufficient to demonstrate the position qualifies...
Specialty Occupation Definition Bachelor'S Degree Requirement Highly Specialized Knowledge Position Complexity
sustained
H-1B
Engineering
The appeal was sustained because the petitioner provided credible and detailed descriptions of the proffered position's duties. The AAO foun...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Or Higher Degree Requirement Position Complexity
dismissed
H-1B
Data Science
The appeal was dismissed because the petitioner did not establish that the beneficiary was qualified to perform the duties of the specialty ...
Specialty Occupation Definition (Ina § 214(I)(1)) Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Beneficiary Qualifications (Ina § 214(I)(2)) Beneficiary Qualification Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(C)) Degree Equivalency (8 C.F.R. § 214.2(H)(4)(D))
sustained
H-1B
Engineering
The appeal was sustained because the AAO concluded, upon de novo review, that the totality of the evidence established the proffered positio...
Specialty Occupation
sustained
H-1B
Construction, Infrastructure, And Agriculture
The appeal was sustained because the petitioner provided credible, detailed descriptions of the proffered position's duties and the benefici...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree Requirement
dismissed
H-1B
Information Technology
The appeal was dismissed as moot. The AAO noted that the Petitioner had filed a separate H-1B petition for the same Beneficiary, which was s...
Specialty Occupation
sustained
H-1B
Economics
The Director initially denied the petition, concluding the position did not qualify as a specialty occupation. The AAO sustained the appeal ...
Specialty Occupation
sustained
H-1B
Unspecified Specialty
The appeal was sustained because the petitioner provided credible, detailed descriptions of the position's duties and projects. The AAO foun...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity
sustained
H-1B
Specialty Occupation
The appeal was sustained because the Petitioner provided credible, detailed descriptions of the job duties and projects. The AAO determined ...
Specialty Occupation Qualification Position Complexity Degree Requirement
dismissed
H-1B
Information Technology Consulting
The appeal was dismissed because the petitioner, an IT consulting company, failed to establish that the proffered 'process analyst' position...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Pharmaceuticals
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'quality control systems manager' qualifi...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry'S Common Degree Requirement Complexity And Uniqueness Of Duties Petitioner'S Normal Hiring Requirement Nature Of Specific Duties
sustained
H-1B
Political Science
The appeal was sustained because the AAO found that the petitioner demonstrated the proffered position qualifies as a specialty occupation. ...
Specialty Occupation Position Complexity Requires Specific Degree Beneficiary Qualifications
dismissed
H-1B
Information Technology
The petition was denied because the petitioner did not sufficiently establish the specific services the beneficiary would perform. The petit...
Specialty Occupation Definition Availability Of Specialty Occupation Work Off-Site Employment
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered 'technical lead' position qualifies as a specialty oc...
Specialty Occupation Definition Requirement For Bachelor'S Degree In A Specific Specialty Need For Detailed Job Duties Evidence Of End-Client Requirements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to sufficiently establish the substantive nature of the proffered 'editor' position, ...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Oil And Gas
The appeal was dismissed because the record contained significant inconsistencies regarding the proffered position's duties and level of res...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to prove that the proffered 'communications associate' position qualifies as a specia...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))
dismissed
H-1B
E-Commerce
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'international market economist' qualifie...
Specialty Occupation
remanded
H-1B
Sales Management
The AAO found that the petitioner successfully established the position as a specialty occupation, withdrawing the Director's initial reason...
Specialty Occupation Labor Condition Application (Lca) Wage Level
dismissed
H-1B
Medicine
The appeal was dismissed because the Petitioner failed to establish the Beneficiary was eligible for the H-1B numerical cap exemption based ...
H-1B Cap Exemption Specialty Occupation Lca / Prevailing Wage
sustained
H-1B
Technology
The Director initially denied the petition, concluding the 'management analyst' role did not qualify as a specialty occupation. On appeal, t...
Specialty Occupation Bachelor'S Degree Requirement
dismissed
H-1B
Business Management
The appeal was dismissed because the case was considered moot. USCIS records indicated that another H-1B petition filed by a different petit...
Specialty Occupation
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform the duties of the proffered...
Beneficiary Qualifications Education Equivalent To A Degree Experience Equivalent To A Degree Three-For-One Rule
dismissed
H-1B
Consulting
The appeal was dismissed because the matter was considered moot. The Beneficiary had already been approved for H-1B employment through a sep...
Specialty Occupation
sustained
H-1B
Digital Design
The appeal was sustained because the AAO concluded that the proffered position of 'digital design coordinator' qualifies as a specialty occu...
Specialty Occupation Bachelor'S Degree Requirement Complexity Of Duties
dismissed
H-1B
Automotive Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'market research analyst' position qualifies as a spe...
Normal Degree Requirement For Position
dismissed
H-1B
Marketing Research
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'marketing research analyst' position qualifies as ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring Degree
remanded
H-1B
Information Technology
The appeal was remanded because a recent court decision (Itserve All., Inc. v. Cissna) led USCIS to rescind its policy guidance regarding H-...
Specialty Occupation Third-Party Worksite
remanded
H-1B
It Consulting
The appeal was remanded because new USCIS policy guidance, prompted by a federal court decision, was issued while the appeal was pending. Th...
Employer-Employee Relationship Availability Of Qualifying Work
dismissed
H-1B
Unknown
The appeal was dismissed because the matter was deemed moot. Subsequent to the initial denial, a new H-1B petition for the same beneficiary ...
Mootness
dismissed
H-1B
Information Technology
The appeal was dismissed as abandoned because the Petitioner did not respond to the AAO's request to verify its intent to pursue the appeal....
Specialty Occupation Abandonment
dismissed
H-1B
Information Technology
The appeal was dismissed as abandoned because the petitioner did not respond to a Notice of Intent to Dismiss and Request for Evidence (NOID...
Specialty Occupation Abandonment Legal Standing
remanded
H-1B
Software Development
The case was remanded because of a change in USCIS policy guidance following the Itserve Alliance, Inc. v. Cissna court decision, which rela...
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications
remanded
H-1B
Software Development
The case was remanded because new USCIS policy guidance, issued after the *Itserve Alliance, Inc. v. Cissna* court decision, affected the st...
Specialty Occupation Availability Of Qualifying Work Employer-Employee Relationship Detailed Job Description
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove the proffered 'technical project manager' position qualifies as a specialty ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
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...
Normal Minimum Educational Requirement For The Position Industry Standard Or Complexity Of Duties Petitioner'S Normal Hiring Requirements Specialization And Complexity Of Specific Duties
dismissed
H-1B
Information Technology
The appeal was dismissed due to unresolved inconsistencies regarding the minimum educational requirements for the position, as stated by the...
Normal Minimum Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
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...
Specialty Occupation Normal Minimum Requirement For Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of "systems engineer II" qualifies as a spec...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
sustained
H-1B
Economics
The appeal was sustained because the AAO found compelling evidence, including an advisory opinion and the petitioner's letter, which persuas...
Specialty Occupation Minimum Degree Requirement Complexity Of Duties
sustained
H-1B
Unknown
The appeal was sustained because the AAO conducted a de novo review and found the evidence sufficient to establish the proffered position as...
Specialty Occupation Position Complexity Or Uniqueness Beneficiary Qualifications
dismissed
H-1B
Information Technology
The AAO found evidence suggesting that no bona fide job offer existed, as it could not confirm the petitioner was an active business in good...
Specialty Occupation Bona Fide Job Offer Failure To Respond To Rfe/Noid
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'inventory analyst' qualifies as a specia...
Specialty Occupation Definition Complexity Of Job Duties Requirement Of A Bachelor'S Degree In A Specific Field
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner did not establish that the proffered position of 'marketing specialist' qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Video Production
The appeal was dismissed because the petitioner failed to establish that the proffered 'producer' position qualifies as a specialty occupati...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Sales And Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'international sales & marketing executiv...
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Business Analysis
The appeal was sustained because the record established by a preponderance of the evidence that the proffered 'business analyst' position re...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree In A Specific Specialty
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO found that the evidence, including descriptions of the beneficiary's past and potential projects, d...
Specialty Occupation Definition Bachelor'S Degree Requirement Position Complexity/Uniqueness Beneficiary'S Qualifications
sustained
H-1B
Unknown
The appeal was sustained because the AAO found that the proffered position qualifies as a specialty occupation. Specifically, the AAO conclu...
Specialty Occupation Position Complexity Beneficiary Qualifications
sustained
H-1B
Information Technology
The appeal was sustained because the AAO found that the evidence established the proffered position qualifies as a specialty occupation. The...
Specialty Occupation Definition Position Complexity/Uniqueness
dismissed
H-1B
Unknown
The appeal was dismissed as moot. A subsequent H-1B petition filed by the same Petitioner for the same Beneficiary was approved, rendering f...
Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because the AAO determined that the evidence of record established the proffered position qualifies as a specialty ...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
sustained
H-1B
Business
The appeal was sustained because the AAO found, upon de novo review, that the evidence established the proffered position as a specialty occ...
Specialty Occupation Definition Bachelor'S Degree Requirement Position Complexity/Uniqueness
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO found the evidence, particularly an advisory opinion, compelling. This evidence persuasively explai...
Specialty Occupation Definition Minimum Degree Requirement Position Complexity
sustained
H-1B
Business Analysis
The appeal was sustained because upon de novo review, the AAO found that the evidence of record established the proffered 'business analyst'...
Specialty Occupation Theoretical And Practical Application Of A Body Of Highly Specialized Knowledge Attainment Of A Bachelor'S Or Higher Degree In The Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
remanded
H-1B
Service Engineering
The decision was remanded because the Director failed to review and address all the evidence submitted by the Petitioner concerning the Bene...
Beneficiary Qualifications Degree Equivalence Experience Equivalence Recognition Of Expertise
dismissed
H-1B
Software Consulting
The appeal was dismissed because the petitioner failed to establish that the 'digital solutions sales representative' position qualifies as ...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree For The Position Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition for the same beneficiary which was approved, making a deci...
Specialty Occupation
remanded
H-1B
Market Research
The appeal was remanded because the Administrative Appeals Office could not determine if the position qualified as a specialty occupation. T...
Specialty Occupation Correspondence Of The Labor Condition Application (Lca) With The Petition Correct Standard Occupational Classification (Soc) Code Prevailing Wage
dismissed
H-1B
Oil And Gas
The appeal was dismissed because the record contained significant inconsistencies regarding the proffered position's duties and level of res...
Specialty Occupation Definition Consistency Of Job Duties Level Of Supervision Minimum Educational Requirement
dismissed
H-1B
Market Research
The appeal was dismissed as abandoned. The AAO sent a letter to the Petitioner requesting verification of its intent to pursue the appeal, b...
Specialty Occupation Abandonment
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the appeal was filed, the Beneficiary became a lawful permanent resident, which rendered further pur...
Specialty Occupation
sustained
H-1B
Business Consulting
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position qualifies as a specia...
Specialty Occupation Definition Position Complexity Requiring A Specific Degree Beneficiary'S Qualifications
sustained
H-1B
Specialty Occupation
The appeal was sustained because the AAO found that the petitioner established the proffered position qualifies as a specialty occupation. U...
Specialty Occupation Definition Position Complexity Or Uniqueness Requiring A Specific Degree Beneficiary'S Educational Qualifications
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner provided contradictory evidence regarding the beneficiary's actual work location, making it ...
Specialty Occupation Lca Validity Work Site Location
dismissed
H-1B
Civil Engineering
The appeal was dismissed as moot. A subsequent H-1B petition filed by the Petitioner for the same Beneficiary had been approved, rendering f...
Specialty Occupation
sustained
H-1B
Systems Analysis
The appeal was sustained because the AAO found that the proffered position of 'senior system analyst' qualifies as a specialty occupation. T...
Specialty Occupation Definition Employer'S Degree Requirement Beneficiary'S Qualifications
sustained
H-1B
Unknown
The appeal was sustained upon de novo review. The AAO found that the Petitioner provided credible and detailed descriptions of the duties an...
Specialty Occupation
sustained
H-1B
Information Security
The appeal was sustained because the totality of the evidence, including the detailed description of duties and the designated wage level IV...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity Wage Level
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO found the petitioner provided credible and detailed descriptions of the job duties, along with a su...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
sustained
H-1B
Technology Consulting
The appeal was sustained because the AAO found the petitioner successfully demonstrated that the proffered position qualifies as a specialty...
Specialty Occupation Position Complexity Beneficiary Qualifications
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