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 45 of 50
sustained
H-1B
Unknown
The appeal was sustained because the totality of the evidence demonstrated that the proffered position's duties are so specialized and compl...
Specialty Occupation
sustained
H-1B
Data Engineering
The appeal was sustained because upon de novo review, the AAO found that the petitioner established the proffered position qualified as a sp...
Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Human Resources Information Systems
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'human resources information systems (HRI...
Normal Minimum Educational Requirement For The Position (Criterion 1) Industry Standard Or Position'S Complexity/Uniqueness (Criterion 2) Employer'S Normal Hiring Requirement For The Position (Criterion 3) Specialized And Complex Nature Of Duties (Criterion 4)
dismissed
H-1B
Unknown
The appeal was dismissed because the matter was deemed moot. A subsequent H-1B petition filed by the Petitioner on behalf of the same Benefi...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that the proffered position of 'application supp...
Specialty Occupation Employer-Employee Relationship
remanded
H-1B
Online Marketing
The appeal was remanded because the record did not establish that the Labor Condition Application (LCA) corresponded with the petition. The ...
Specialty Occupation Lca Correspondence
sustained
H-1B
Software Development
The appeal was sustained because the AAO, upon de novo review, found that the petitioner had overcome the basis for denial. The AAO conclude...
Beneficiary Qualifications Specialty Occupation Position
dismissed
H-1B
Pharmaceuticals
The appeal was dismissed because the beneficiary did not qualify for an exemption from the H-1B cap. A prior H-1B petition filed by another ...
H-1B Cap Exemption Revocation Of Prior Petition Previously Counted Against The Cap
dismissed
H-1B
Software
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'implementation specialist' qualifies as ...
Normal Degree Requirement For The Position Industry Common Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Biotechnology
The appeal was dismissed as moot because the petitioner filed another H-1B petition on behalf of the same beneficiary, which was subsequentl...
Specialty Occupation
dismissed
H-1B
Analytics Consulting
The appeal was dismissed as moot. The Beneficiary had already adjusted status to a U.S. permanent resident, rendering the H-1B petition unne...
Specialty Occupation
remanded
H-1B
Software Engineering
The Director's decision was withdrawn and the case was remanded for a new decision. This was due to a change in USCIS policy guidance concer...
Specialty Occupation Third-Party Worksite
sustained
H-1B
Project Management
The appeal was sustained because the AAO determined that the specific duties of the proffered 'project manager' position were so specialized...
Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to overcome a finding of fraud or material misrepresentation. After the Director issu...
Revocation On Notice Automatic Revocation Fraud Or Material Misrepresentation Failure To Rebut Noir
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish the validity of the signatures on the appeal forms. After the AAO issued...
Specialty Occupation Valid Signature Legal Standing
dismissed
H-1B
Financial Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'e-commerce analyst' qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
dismissed
H-1B
Unknown
The appeal was dismissed because the issue became moot. After the petitioner filed the appeal, the beneficiary became a lawful permanent res...
Specialty Occupation
remanded
H-1B
Not Specified
The case was remanded because the initial denial was based on the petitioner's failure to establish an employer-employee relationship. Follo...
Employer-Employee Relationship Specialty Occupation
sustained
H-1B
Transportation
The appeal was sustained because the AAO determined that the proffered position qualifies as a specialty occupation. The AAO found the petit...
Specialty Occupation Position'S Complexity/Uniqueness Beneficiary Qualifications
remanded
H-1B
Technology
The decision was withdrawn and the matter remanded for further proceedings. This was due to a change in USCIS policy guidance following the ...
Specialty Occupation Availability Of Work
remanded
H-1B
Hvac Manufacturing
The appeal was remanded because of significant inconsistencies in the record concerning the proffered position's requirements. The petitione...
Specialty Occupation Minimum Educational Requirements Wage Level Lca Correspondence
remanded
H-1B
Supply Chain Management
The appeal was remanded because the record did not sufficiently establish that the Labor Condition Application (LCA) corresponded with the p...
Specialty Occupation Lca Correspondence With Petition Correct Soc Code Correct Wage Level
remanded
H-1B
Biochemistry
The Director denied the petition for failing to establish the position as a specialty occupation, an issue not raised in the initial Request...
Specialty Occupation Beneficiary Qualifications Maintenance Of Status Sufficient Work
dismissed
H-1B
Media
The appeal was dismissed because the petitioner did not sufficiently and consistently establish the substantive nature of the services the b...
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
Contract Research
The Director's decision was withdrawn and the matter was remanded. This was done to allow the Director to reconsider the case under new USCI...
Employer-Employee Relationship Specialty Occupation
remanded
H-1B
Accounting
The Director's decision to revoke the petition was withdrawn and the case was remanded on procedural grounds. The Director failed to properl...
Revocation Grounds Specialty Occupation Lca Correspondence
remanded
H-1B
Technology
The decision was withdrawn and the matter remanded for further proceedings. This was due to a change in USCIS policy guidance following the ...
Specialty Occupation
dismissed
H-1B
Data Analytics
The appeal was dismissed because the issue was considered moot. The petitioner had filed another H-1B petition for the same beneficiary whic...
Specialty Occupation
sustained
H-1B
Finance
The appeal was sustained because the AAO concluded that the petitioner had established the proffered position qualifies as a specialty occup...
Specialty Occupation Lca/Soc Code Validity
remanded
H-1B
Computer Science
The appeal was remanded due to inconsistencies in the record regarding the nature of the proffered position. The AAO found that the job duti...
Specialty Occupation Qualification Lca Correspondence With Petition Appropriateness Of Soc Code Prevailing Wage Level Determination
dismissed
H-1B
Management Consulting
The appeal was dismissed as moot. Although the Director initially denied the petition for not establishing the position as a specialty occup...
Specialty Occupation
dismissed
H-1B
Network Engineering
The appeal was dismissed as abandoned because the Petitioner failed to respond to a notice from the AAO within the required timeframe. The d...
Specialty Occupation
dismissed
H-1B
Systems Analysis
The appeal was dismissed as abandoned because the Petitioner failed to respond to an AAO notice within the allotted timeframe. The initial d...
Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner did not establish that the proffered position of 'director, enterprise accounts/partnerships...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)
dismissed
H-1B
Jewelry Wholesale
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing consultant' position qualifies as a specia...
Specialty Occupation Specific Degree Requirement
dismissed
H-1B
Tourism And Hospitality
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'property manager' position qualifies as a specialt...
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
Technology
The case was remanded for reconsideration following a change in policy guidance resulting from the U.S. District Court decision in Itserve A...
Specialty Occupation
dismissed
H-1B
Financial Services
The appeal was dismissed because the petitioner did not describe the duties of the 'analyst' position with sufficient detail. This failure p...
Normal Minimum Educational Requirement For The Position Industry Standard For Parallel Positions Employer Normally Requires A Degree For The Position Specialized And Complex Nature Of The Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accountant' qualifies as a specialty occ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position (Criterion 1) Common Degree Requirement For Parallel Industry Positions (Criterion 2) Complexity Or Uniqueness Of The Position (Criterion 2) Petitioner'S Normal Hiring Requirements (Criterion 3) Specialization And Complexity Of Specific Duties (Criterion 4)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The rec...
Normal Degree Requirement For The Position
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the proffered 'logistics engineer' position qualifies as a specialt...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement 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, rendering a d...
Specialty Occupation
sustained
H-1B
Information Security
The appeal was sustained because the AAO determined that the petitioner had established the proffered position qualifies as a specialty occu...
Specialty Occupation Position Complexity Specific Degree Requirement
sustained
H-1B
Unknown
The appeal was sustained because the AAO concluded that the proffered position qualifies as a specialty occupation. Upon de novo review, it ...
Specialty Occupation Specialized And Complex Duties Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed because the AAO lacks jurisdiction to review the case. Per regulation 8 C.F.R. § 214.1(c)(5), the denial of an appl...
Jurisdiction Appealability Of Extension Of Stay Denial
dismissed
H-1B
Systems Engineering
The appeal was rejected because the AAO lacks jurisdiction over the beneficiary's maintenance-of-status issue, which was the sole basis for ...
Specialty Occupation Maintenance Of Status Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Software Engineering
The Director revoked the initially approved petition after the payment for filing fees was not honored by the Petitioner's financial institu...
Filing Fees Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner did not establish the beneficiary's eligibility for an H-1B extension beyond the six-year li...
H-1B 6-Year Limit Extension Based On Pending Labor Certification Or I-140 (Ac21) 365-Day Rule For Pending Applications Extension Based On Approved I-140 With Per-Country Limitations
sustained
H-1B
Management Analysis
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position as a specialty occupation...
Specialty Occupation Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the services of the specia...
8 C.F.R. § 214.2(H)(4)(Iii)(A) (Specialty Occupation) 8 C.F.R. § 214.2(H)(4)(Iii)(C) (Beneficiary'S Qualifications)
remanded
H-1B
Software Engineering
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director denied the petition based on the be...
Specialty Occupation Beneficiary'S Qualifications
remanded
H-1B
Software Development
The appeal was remanded because the Director's decision was insufficient for review. The Director failed to first determine whether the prof...
Specialty Occupation Beneficiary'S Qualifications Third-Party Worksite Requirements
dismissed
H-1B
Unknown
The appeal was dismissed as moot because the petitioner had already filed a subsequent H-1B petition on behalf of the same beneficiary, whic...
Mootness Subsequent Approved Petition
dismissed
H-1B
Unknown
The appeal was dismissed as moot. USCIS records showed that the Petitioner filed a subsequent H-1B petition for the same beneficiary, and th...
Specialty Occupation Mootness
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The petitioner filed a subsequent H-1B petition on behalf of the same beneficiary, which was approved, mak...
dismissed
H-1B
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'consultant' position qualifies as a specialty occupa...
Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The decision notes that the Petitioner filed a subsequent H-1B petition on behalf of the same Beneficiary,...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'public relations specialist' qualifies 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)(4)
dismissed
H-1B
Automotive Parts
The appeal was dismissed because the petitioner attempted to make material changes to the position, including altering duties and increasing...
Specialty Occupation Definition Material Change Post-Filing Degree Requirement Wage Level
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'supply chain manager' position qualifies as a spec...
Normal Minimum Educational Requirement For The Position Industry Parallel Positions And Complexity Employer'S Normal Degree Requirement Specialization And Complexity Of Specific Duties
remanded
H-1B
Information Technology
The appeal was remanded because policy guidance regarding the employer-employee relationship, a basis for the initial denial, was rescinded ...
Specialty Occupation Employer-Employee Relationship Labor Condition Application (Lca)
dismissed
H-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the 'global logistician' position qualifies as a specialty occupati...
Specific Specialty Degree Requirement Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
remanded
H-1B
Information Technology
The case was remanded because the petitioner submitted new evidence on appeal which the Director had not previously reviewed. The AAO determ...
Employer-Employee Relationship Specialty Occupation Availability Of Non-Speculative Work Third-Party Worksite Arrangements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'network and computer systems administrat...
Specialty Occupation Definition Minimum Qualifications Consistency Of Evidence Third-Party Worksite Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered position qualifies as a specialty occupation. The AAO det...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher
dismissed
H-1B
Software Quality Assurance
The appeal was dismissed because the petitioner did not establish that the proffered position of 'quality assurance engineer' qualifies as a...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Software Development
The appeal was dismissed because the Director's calculation of the petition's validity period was correct. The petitioner contested a one-da...
H-1B Maximum Period Of Stay Recapture Of Time Abroad
dismissed
H-1B
Aircraft Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the specialt...
Beneficiary Qualifications Specialty Occupation Degree Equivalency Work Experience Evaluation 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered 'human resources coordinator' position qualifies as a...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Not Specified
The motion was dismissed because the appeal forms (Form I-290B and Form G-28) were not properly signed by an authorized representative of th...
Proper Signatures On Forms Standing To File Appeal Motion To Reopen Requirements Motion To Reconsider Requirements Petitioner'S Good Standing
dismissed
H-1B
Business Analysis
The motion to reconsider was dismissed because the petitioner did not demonstrate that the original decision was based on an incorrect appli...
Specialty Occupation Minimum Educational Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Data Analytics
The AAO determined that the petitioner successfully established that the proffered position qualifies as a specialty occupation and that the...
Specialty Occupation Beneficiary Qualifications Acwia Fee
remanded
H-1B
Optical And Ethernet Transport Solutions
The Director denied the petition for violating the prohibition on filing multiple H-1B petitions for the same beneficiary. The AAO remanded ...
Multiple Filings Prohibition
remanded
H-1B
Information Technology
The case was remanded due to a change in USCIS policy guidance following the ITServe Alliance, Inc. v. Cissna court decision. This new guida...
Employer-Employee Relationship Availability Of Qualifying Work
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered "software engineer" position qualifies as a specialty...
8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Engineering
The motion to reopen was dismissed because the petitioner failed to provide new factual evidence. The submitted end-client letter was a verb...
Specialty Occupation Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to prove that the 'hotel general manager' position qualifies as a specialty occupatio...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Specialized And Complex Duties Require A Degree
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'software test specialist I' qualifies as a s...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
remanded
H-1B
Information Security
The appeal was remanded because the Director incorrectly denied the H-1B petition based on the Beneficiary's failure to maintain F-1 status....
Beneficiary'S Maintenance Of Status Distinction Between H-1B Petition Eligibility And Change Of Status Eligibility Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'quality assurance analyst' qualifies as ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Business Administration
The appeal was dismissed because the petitioner failed to adequately and consistently describe the services the beneficiary would perform. T...
Specialty Occupation Definition Normal Minimum Educational Requirement For Position Industry Standard For Parallel Positions Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish the substantive nature of the proffered position as a specialty occupati...
8 C.F.R. § 214.2(H)(4)(Iii)(A) Specialty Occupation Definition
dismissed
H-1B
Music
The appeal was dismissed as moot. A subsequent H-1B petition filed by the same petitioner for the same beneficiary was approved, rendering t...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A))
sustained
H-1B
Solutions Engineer
The appeal was sustained because the petitioner successfully demonstrated that the proffered position of "solutions engineer" qualifies as a...
Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was dismissed as abandoned. The AAO issued a Notice of Intent to Dismiss (NOID) because another H-1B petition for the same benefi...
Specialty Occupation Employer-Employee Relationship Abandonment
dismissed
H-1B
Unknown
The appeal was dismissed as moot. Records indicated that the Petitioner had filed a subsequent H-1B petition for the same Beneficiary, and t...
Specialty Occupation
remanded
H-1B
Market Research
The prior decisions of the Director and the AAO were withdrawn and the matter was remanded. The remand was issued because a recent U.S. Cour...
Specialty Occupation
remanded
H-1B
Market Research
The Director's decision to deny the petition was withdrawn and the case was remanded for reconsideration. A recent Ninth Circuit Court of Ap...
Specialty Occupation
remanded
H-1B
Computer Science
The Director initially denied the petition, finding the position of 'senior systems analyst' did not qualify as a specialty occupation. The ...
Specialty Occupation
remanded
H-1B
Marketing
The Director initially denied the petition, concluding the 'marketing analyst' position was not a specialty occupation. The AAO remanded the...
Specialty Occupation
remanded
H-1B
Marketing And Communications
The Director's decision denying the petition was withdrawn and the case was remanded. The reason for the remand was a new, intervening court...
Specialty Occupation
remanded
H-1B
Finance
The Director denied the petition, concluding the petitioner failed to establish that the beneficiary spent the required one continuous year ...
Specialty Occupation Beneficiary Qualifications H-1B Time Limitation
remanded
H-1B
Computer Services
The Director's decision denying the petition was withdrawn and the matter was remanded. The remand was issued because a recent Ninth Circuit...
Specialty Occupation
sustained
H-1B
Pharmacy
The appeal was sustained because the petitioner provided a detailed job description and successfully explained why the position's duties, wi...
Specialty Occupation
remanded
H-1B
Specialty Occupation
The decision was remanded due to a change in policy guidance following the court decision in Itserve Alliance, Inc. v. Cissna. The AAO found...
Availability Of Specialty Occupation Work Employer-Employee Relationship
dismissed
H-1B
Software Development
The appeal was dismissed because the AAO agreed with the Director's conclusion that the petitioner had willfully misrepresented material fac...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Misrepresentation Of Material Facts Grounds For Revocation
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO, upon de novo review, found that the evidence of record established the proffered position of data ...
Specialty Occupation Bachelor'S Degree Requirement Highly Specialized Knowledge Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the matter was considered moot. The petitioner had filed a subsequent H-1B petition for the same beneficiar...
Specialty Occupation
remanded
H-1B
Shipping And Warehousing
The appeal was remanded because the Director's initial denial was deemed insufficient for review. The Director failed to follow the proper l...
Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Business Analysis
The Director initially denied the petition, concluding the 'business analyst' position did not qualify as a specialty occupation. Upon de no...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity
Turn these precedents into a draft
MeritDraft uses real AAO decisions to help attorneys and self-petitioners draft stronger O-1 and NIW arguments faster.
Start Free Trial →