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 46 of 50
remanded
H-1B
Medical Technology
The Director denied the petition for failing to establish that the petitioner was exempt from the H-1B numerical cap and the ACIWA fee. The ...
Aciwa Fee Exemption H-1B Cap Exemption Affiliation With An Institution Of Higher Education
dismissed
H-1B
Software Development
The Director approved the H-1B petition but denied the beneficiary's request to change status. The appeal was rejected because regulations s...
Change Of Status Appellate Jurisdiction
remanded
H-1B
Computer Science
The decision was remanded because the petitioner's business status was listed as 'FTB Forfeited,' indicating it may no longer be authorized ...
Petitioner'S Status As A Business In Good Standing Specialty Occupation Beneficiary'S Qualifications
sustained
H-1B
Unknown
The appeal was sustained because, upon de novo review, the AAO found that the proffered position qualifies as a specialty occupation. The AA...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed because the Petitioner failed to submit a valid Labor Condition Application (LCA) that corresponded with the petiti...
Specialty Occupation Definition Labor Condition Application (Lca) Requirement Bachelor'S Degree Requirement End-Client Work Requirements
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position is a specialty occupation. The petitioner pr...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered 'systems analyst' position qualifies as a specialty o...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Data Science
The Director's decision to deny was withdrawn because the AAO found the beneficiary was qualified for the specialty occupation position base...
Beneficiary Qualifications Specialty Occupation Lca Compliance
remanded
H-1B
Information Technology
The appeal was remanded because a recent Ninth Circuit court decision, Innova Sols., Inc. v. Baran, potentially impacted the Director's anal...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca)
sustained
H-1B
Business Operations
The Director initially denied the petition because the evidence was insufficient to support the evaluation of the Beneficiary's work experie...
Beneficiary Qualifications Work Experience Evaluation
remanded
H-1B
Information Technology
The appeal was remanded because a recent U.S. Court of Appeals decision, Innova Sols., Inc. v. Baran, impacted the Director's analysis of th...
Specialty Occupation
remanded
H-1B
Software Development
The case was remanded because a recent Ninth Circuit court decision, Innova Sols., Inc. v. Baran, appeared to impact the Director's original...
Specialty Occupation Lca Correspondence Prevailing Wage Level Soc Code
dismissed
H-1B
Computer Services
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'data analyst' position qualifies as a specialty oc...
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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered "staff accountant" position qualifies as a specialty ...
Specialty Occupation Definition Bachelor'S Degree Requirement Complexity Of Duties Consistency Of Job Description
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to file a required amended petition before the beneficiary began working at a new loc...
Amended Petition Material Change In Employment Change Of Worksite Labor Condition Application (Lca) Short-Term Placement Exception
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner did not establish that the proffered position of Software Quality Assurance Engineer and Tes...
Specialty Occupation Definition Bachelor'S Degree Requirement Normal Minimum Educational Requirement For Position Complexity Of Duties
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 rec...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Aerospace Engineering
The appeal was remanded because the record was unclear regarding the calculation of the beneficiary's maximum six-year H-1B stay. The Direct...
Maximum Period Of Stay (6-Year Limit) Recapture Of Time H-1B Cap Applicability
dismissed
H-1B
Information Technology
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension under the American Competitiveness in the Twenty-Fir...
Six-Year Limit On H-1B Status Ac21 Extension Eligibility
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a one-person company, failed to establish that the proffered accountant position qualifies ...
Specialty Occupation Normal Minimum Educational Requirement Common Degree Requirement For Parallel Positions Complexity Or Uniqueness Of The Position Employer'S Normal Requirement For A Degree Specialization And Complexity Of Duties
remanded
H-1B
Information Technology
The Director initially denied the petition, finding that the proffered 'market research analyst' position was not a specialty occupation. Th...
Specialty Occupation
sustained
H-1B
Unknown
The appeal was sustained because the AAO found, upon de novo review, that the petitioner had established the proffered position qualifies as...
Specialty Occupation Specialized And Complex Duties Beneficiary'S Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed as moot. The AAO noted that the petitioner had filed a subsequent H-1B petition for the same beneficiary, and that ...
Beneficiary Qualifications Mootness
remanded
H-1B
Investment Advisory
The AAO found that the proffered 'analyst' position did qualify as a specialty occupation, withdrawing the Director's initial reason for den...
Specialty Occupation Lca Correspondence Soc Code Classification Prevailing Wage
sustained
H-1B
Computer Science
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position qualifies as a specia...
Specialty Occupation Beneficiary'S Qualifications Position Complexity Foreign Degree Equivalency
remanded
H-1B
Technology Consulting
The case was remanded because the Director based the denial on derogatory information about the petitioner's address without providing the p...
Specialty Occupation Opportunity To Rebut Derogatory Information Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Computer Programming
The appeal was dismissed primarily because the petitioner failed to submit a valid Labor Condition Application (LCA), as the beneficiary's p...
Specialty Occupation Labor Condition Application (Lca) Prevailing Wage Beneficiary Qualifications
remanded
H-1B
Accounting
The appeal was remanded because the Director erred by using the wrong source, the DOL's Occupational Outlook Handbook, to determine the posi...
Specialty Occupation Lca Correspondence Material Change
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'fusion kitchen senior chef' qualifies as...
Specialty Occupation Definition Bachelor'S Degree Requirement Industry Standard For The Position Complexity Of Job Duties Expert Opinion Letter
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform services in a specialty oc...
Beneficiary'S Qualifications Specialty Occupation
dismissed
H-1B
Software Engineering
The appeal was rejected because the AAO lacks jurisdiction to review the denial of an application for an extension of stay. According to reg...
Jurisdiction Extension Of Stay Inadmissibility
dismissed
H-1B
Information Technology
The Director denied the petition because the requested employment period exceeded the six-year authorized admission limit for H-1B workers. ...
H-1B Six-Year Limit Extension Of Stay Aao Jurisdiction
sustained
H-1B
Data Modeling
The appeal was sustained because the AAO found that the totality of the evidence established the position of 'Data Modeler II' qualifies as ...
Specialty Occupation Bachelor'S Degree Minimum Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Cybersecurity
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
dismissed
H-1B
Accounting
The motion to reopen and reconsider a previously dismissed appeal was dismissed. The petitioner failed to establish that the proffered accou...
Motion To Reopen Motion To Reconsider Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
It Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of Software Quality Assurance Engineer and T...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Common Degree Requirement For Parallel Industry Positions Complexity And Uniqueness Of Duties Employer'S Normal Hiring Requirement Specialization And Complexity Of Specific Duties
dismissed
H-1B
Systems Administration
The appeal was dismissed because the initial petition approval was found to involve gross error. The beneficiary was not eligible for the H-...
H-1B Cap Master'S Cap Exemption Accreditation Of U.S. Institution Gross Error Equitable Estoppel
remanded
H-1B
Education
The Director limited the petition's validity period because the Beneficiary's teaching license was temporary. On appeal, the Petitioner, a c...
State Licensure Validity Period
remanded
H-1B
Information Technology
The decision was remanded for two primary reasons. First, the Director failed to consider a 63-page position evaluation submitted by the Pet...
Specialty Occupation Job Duties Position Evaluation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO determined that the specific duties of the proffered Business Analyst position were so specialized ...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Software Development
The appeal was dismissed as moot. U.S. Citizenship and Immigration Services records indicated that the Petitioner had already filed a subseq...
Specialty Occupation
dismissed
H-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of Supply Chain Analyst I qualifies as a spe...
Specialty Occupation Definition Minimum Educational Requirements Complexity Of Duties
dismissed
H-1B
Accounting
The motion to reopen was dismissed because the Petitioner failed to submit new facts or documentary evidence. The motion to reconsider was d...
Specialty Occupation Motion To Reopen Requirements Motion To Reconsider Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'general manager' position qualifies as a specialty...
Specialty Occupation Job Duties Description Beneficiary Qualifications Soc Code Consistency
remanded
H-1B
Software Development
The appeal was remanded because the Director's decision was deemed insufficient for review. The Director incorrectly evaluated the Beneficia...
Specialty Occupation Beneficiary Qualifications Lca Compliance
dismissed
H-1B
Information Technology
The appeal was dismissed because the Director correctly limited the H-1B petition's validity period to align with the dates on the certified...
Lca Validity Period Petition Validity Period
remanded
H-1B
Software Development
The appeal was remanded because the Director prematurely denied the petition based on the beneficiary's qualifications without first determi...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed because the case became moot. After the appeal was filed, the beneficiary became a lawful permanent resident, which...
Labor Condition Application Correspondence
sustained
H-1B
Law
The appeal was sustained because the AAO determined that the proffered position qualifies as a specialty occupation. The AAO found that the ...
Specialty Occupation
dismissed
H-1B
Religion
The appeal was rejected because the AAO lacks jurisdiction to review the Director's denial of an application for extension of stay, as speci...
Jurisdiction Extension Of Stay Change Of Status
dismissed
H-1B
Religion
The appeal was dismissed because the petitioner did not establish that the beneficiary is qualified to perform services in the specialty occ...
Beneficiary Qualifications Foreign Degree Equivalency Experience Equivalency Specialty Occupation Requirements
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position of 'senior data analy...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Data Engineering
The appeal was dismissed as moot. The AAO noted that the petitioner had already filed a subsequent H-1B petition for the same beneficiary, a...
Specialty Occupation Qualification Mootness
dismissed
H-1B
Software Development
The appeal was dismissed as moot. The Petitioner had filed a subsequent H-1B petition on behalf of the same Beneficiary, and that petition w...
Specialty Occupation
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'business program manager' position qualifies as a sp...
Normal Degree Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
remanded
H-1B
Software Engineering
The case was remanded because the record did not sufficiently establish that the proffered position qualifies as a specialty occupation. The...
Specialty Occupation Job Duties Require Bachelor'S Degree In A Specific Field Beneficiary'S Qualifications
sustained
H-1B
Sales Engineering
The appeal was sustained because the petitioner provided sufficient evidence, including detailed duties and work product, to overcome the in...
Specialty Occupation Bachelor'S Degree Requirement Complexity Of Duties
remanded
H-1B
Information Technology
The appeal was remanded because the record did not contain sufficient evidence to establish that the proffered position of 'information tech...
Specialty Occupation Beneficiary'S Qualifications
remanded
H-1B
Business Intelligence
The appeal was remanded because the petitioner provided a broad and inconsistent description of the proffered position, making it unclear if...
Specialty Occupation Definition Labor Condition Application (Lca) Occupational Category Prevailing Wage Minimum Degree Requirements Beneficiary Qualifications
dismissed
H-1B
Software Development
The appeal was dismissed as moot, not on its merits. The AAO found that the petitioner had filed another H-1B petition for the same benefici...
Specialty Occupation
dismissed
H-1B
Technology
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 Mootness
dismissed
H-1B
Video Game Development
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management data analyst' qualifies as a ...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the record contained multiple inconsistent descriptions of the job duties, undermining the petition's credi...
Normal Minimum Requirement For Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Basketball Training
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'director of basketball operations & trai...
Specialty Occupation Job Duties Description Bachelor'S Degree Requirement Soc Code Classification
sustained
H-1B
Asset Management
The appeal was sustained because upon de novo review, the AAO found that the proffered position of 'asset management senior analyst' qualifi...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Retail
The appeal was dismissed due to a lack of sufficient and credible evidence regarding the petitioner's business operations and the nature of ...
Criterion 1 Criterion 2 Criterion 3 Criterion 4
dismissed
H-1B
Advertising
The appeal was dismissed because the petitioner provided inconsistent and insufficient information about the proffered position. The descrip...
Specialty Occupation
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the proffered position's duties. Th...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a speci...
Specialty Occupation Definition Mismatch Between Job Duties And Soc Code
remanded
H-1B
Self-Driving Technology
The appeal was remanded because the Director's decision was withdrawn. The AAO found a potential mismatch between the job duties described f...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca) Correspondence Standard Occupational Classification (Soc) Code Wage Level
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the petition, a...
Lca Certified Prior To Filing Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Data Science
The appeal was remanded because the Director applied the wrong regulatory provision when evaluating the Beneficiary's qualifications. The AA...
Beneficiary Qualifications
dismissed
H-1B
Systems Engineering
The appeal was dismissed because it was considered moot. The Petitioner had filed another H-1B petition on behalf of the same Beneficiary wh...
Specialty Occupation
dismissed
H-1B
Fraud Control Software
The appeal was dismissed because the petitioner failed to establish that the proffered 'fraud data analyst' position qualifies as a specialt...
Normal Minimum Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex
sustained
H-1B
Data Science
The appeal was sustained because the petitioner established that the proffered position of 'data scientist' qualifies as a specialty occupat...
Specialty Occupation
remanded
H-1B
Not Specified
The appeal was remanded because the Director did not properly analyze or explain the grounds for revocation and the finding of fraud. The AA...
Revocation Grounds (8 C.F.R. § 214.2(H)(11)(Iii)) Payment Of Required Wage Lca Compliance (Place Of Employment) Finding Of Fraud Itinerary Requirement
remanded
H-1B
Information Technology
The Director's decision was withdrawn and the matter was remanded. The AAO found that while the initial job description was vague, the petit...
Specialty Occupation Lca Wage Level
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Specialty Occupation Definition Requirement Of A Bachelor'S Or Higher Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Unknown
The appeal was rejected, which is functionally a dismissal, because the AAO lacks jurisdiction to review the Director's denial of the Benefi...
Aao Jurisdiction Denial Of Change Of Status Denial Of Extension Of Stay
dismissed
H-1B
Unknown
The appeal was dismissed as moot because the petitioner had already filed a subsequent H-1B petition for the same beneficiary, which was app...
Specialty Occupation Mootness
dismissed
H-1B
Staffing And Recruiting
The appeal was dismissed because the petitioner provided an insufficient and overly general description of the duties for the proffered "acc...
Specialty Occupation Definition Sufficiency Of Job Duties Description Minimum Education Requirement
dismissed
H-1B
Data Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'data analyst' position qualifies as a specialty occu...
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 establish that the proffered "software developer" position qualifies as a specialt...
Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed (rejected) because it concerned the denial of a change of status and extension of stay, not the H-1B petition itsel...
Jurisdiction Change Of Status Extension Of Stay
remanded
H-1B
Broadcasting
The appeal was remanded because the record was insufficient to determine if the 'radio and television announcer' position qualifies as a spe...
Specialty Occupation Bachelor'S Degree Requirement Beneficiary'S Qualifications Lca Validity (Wage Level)
sustained
H-1B
Consulting
The appeal was sustained because the AAO concluded that the petitioner successfully established that the proffered 'sr. consultant' position...
Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered 'management analyst' position qualifies as a specialt...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A) Inconsistent Minimum Requirements Specific Specialty Degree Requirement
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the proffered 'financial analyst' position qualifies as a specialty...
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
Software
The appeal was dismissed because the petitioner did not provide sufficient information about the proffered position's duties. This failure p...
Specialty Occupation Definition Normal Minimum Educational Requirement Industry Standard For Parallel Positions Employer'S Normal Degree Requirement Specialization And Complexity Of Duties
remanded
H-1B
Software Engineering
The appeal was remanded because the record was insufficient to establish that the proffered 'software engineer' position is a specialty occu...
Specialty Occupation Specificity Of Job Duties Requirement Of A Bachelor'S Degree Beneficiary'S Qualifications Deference To Prior Approvals
dismissed
H-1B
Software Development
The appeal was dismissed because USCIS records showed the Petitioner submitted two registrations for the same Beneficiary in the same fiscal...
H-1B Registration Validity Prohibition On Multiple Registrations Per Beneficiary
dismissed
H-1B
Data Science
The appeal was dismissed because the petitioner violated the regulation prohibiting the filing of multiple H-1B cap petitions for the same b...
Multiple H-1B Petitions Revocation Authority Legitimate Business Need H-1B Pre-Registration Process
dismissed
H-1B
Software Engineering
The initial petition approval was revoked due to the nonpayment of required fees. The appeal was dismissed because the issue became moot, as...
Nonpayment Of Fees Mootness
dismissed
H-1B
Software Development
The appeal was dismissed because the Petitioner failed to prove that the Beneficiary is qualified for the specialty occupation. The Benefici...
Beneficiary'S Qualifications Work Experience Equivalency To A Degree Specialty Occupation Requirements
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to submit sufficient evidence to establish the actual work the beneficiary would perf...
Specialty Occupation Definition Sufficiently Detailed Job Duties Offsite Employment Requirements Minimum Educational Requirements For The Occupation
remanded
H-1B
Information Technology
The Director initially denied the petition, concluding the record did not establish the proffered position as a specialty occupation. The AA...
Specialty Occupation Deference To Prior Approvals
dismissed
H-1B
Unknown
The appeal was rejected because it contested the denial of a request for a change of nonimmigrant status. According to federal regulations (...
Appellate Jurisdiction Change Of Status Maintenance Of Status
dismissed
H-1B
Computer Science
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...
Beneficiary Qualifications Abandonment Of Appeal
dismissed
H-1B
Unknown
The Director revoked the petition's approval because the Petitioner filed multiple petitions for the same Beneficiary. The appeal was dismis...
Prohibition Of Multiple Filings Mootness
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to meet two foundational requirements. First, the offered wage of $45.00 per hour was...
Prevailing Wage Specialty Occupation
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