H-1B AAO Decisions

Browse 4985 H-1B decisions through a smaller, crawlable category hub instead of one oversized index page.

Need filters or semantic search? Use the full decisions database.

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 47 of 50
remanded H-1B

Unknown

· Company
The Director denied the petition, concluding the Labor Condition Application (LCA) did not correspond with the H-1B petition. Upon review, t...
Lca Correspondence With Petition Soc Code Selection Wage Level Requirements Uscis Vs. Dol Authority On Lca
dismissed H-1B

Software Engineering

· Company
The appeal was dismissed because the Director correctly limited the H-1B petition's validity period to match the dates on the certified Labo...
Petition Validity Period Labor Condition Application (Lca) Validity Period
remanded H-1B

Investment Advisory

· Company
The appeal was remanded due to a change in USCIS policy guidance following the ItServe All., Inc. v. Cissna court decision. The AAO determin...
Availability Of Qualifying Work Employer-Employee Relationship Third-Party Worksites
dismissed H-1B

Unknown

· Company
The Director denied the petition because the beneficiary had not maintained her nonimmigrant status. The AAO rejected the appeal, stating th...
Maintenance Of Nonimmigrant Status Jurisdiction Over Change Of Status Denial
dismissed H-1B

Unknown

· Company
The Director denied the petition because the petitioner filed multiple H-1B registrations for the same beneficiary in one fiscal year, which...
H-1B Registration Process Prohibition On Multiple Registrations Appeal Rights
remanded H-1B

Education

· Organization
The case was remanded because the record did not sufficiently establish that the proffered position of 'math teacher' qualifies as a special...
Specialty Occupation Beneficiary Qualifications
sustained H-1B

Data Analytics

· Organization
The appeal was sustained because the AAO found that the petitioner successfully established that the various acceptable degree fields were a...
Specialty Occupation Definition Required Degree In A Specific Specialty Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)) Range Of Acceptable Degree Fields
remanded H-1B

Not Specified

· Organization
The Director denied the petition, concluding the Labor Condition Application (LCA) did not correspond with the proffered position. Upon a de...
Lca Correspondence With Petition Certified Lca For Specialty Occupation Uscis Authority To Review Soc Code And Wage Level
dismissed H-1B

Unknown

· Company
The appeal was dismissed because the issue was considered moot. A subsequent H-1B petition filed by the same petitioner for the same benefic...
Beneficiary Qualifications Maintenance Of Status Mootness
dismissed H-1B

Software Technology

· Company
The appeal was dismissed because the petitioner failed to prove that the 'QA lead' position is a specialty occupation. The AAO found that th...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position
dismissed H-1B

Unknown

· Company
The Director initially denied the petition, finding the Beneficiary did not qualify for an H-1B extension beyond the six-year maximum period...
H-1B Maximum Period Of Admission Mootness
dismissed H-1B

Unknown

· Company
The appeal was dismissed because the beneficiary was not eligible for an H-1B cap exemption. Although a prior employer's petition was approv...
H-1B Cap Exemption Previously Counted Against The Cap Revocation Of Prior Petition Accrual Of H-1B Time Advanced Degree Exemption Non-Profit Institution Requirement
dismissed H-1B

Mechanical Engineering

· Company
The motion was dismissed because the petitioner did not provide new facts to warrant reopening or demonstrate that the prior decision was ba...
Specialty Occupation Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code Prevailing Wage Ineffective Assistance Of Counsel Eligibility At Time Of Filing
dismissed H-1B

Unknown

· Organization
The decision affirms the director's denial because the petitioner failed to provide a sufficiently detailed description of the proposed job ...
Specialty Occupation
remanded H-1B

Unknown

· Company
The appeal was remanded because the Director's initial denial may not have considered the recent Ninth Circuit decision in Innova Sols., Inc...
Specialty Occupation Requirement Minimum Degree Requirement
sustained H-1B

Unknown

· Organization
The appeal was sustained because the AAO conducted a de novo review and found that the petitioner had overcome the Director's denial. The AA...
Specialty Occupation Beneficiary Qualifications
sustained H-1B

Program Management

· Company
The initial denial was based on the conclusion that the proffered 'program manager' position was not a specialty occupation. The appeal was ...
Specialty Occupation
dismissed H-1B

Engineering Services

· Company
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's proposed duties. ...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Standard For Parallel Positions Complexity And Uniqueness Of The Position'S Duties Employer'S Normal Hiring Requirement For The Position Nature Of The Specific Duties Being So Specialized And Complex
sustained H-1B

Supply Chain Management

· Company
The appeal was sustained because the AAO found that the petitioner provided a credible and detailed description of the job duties within its...
Specialty Occupation Highly Specialized Knowledge Minimum Degree Requirement Beneficiary Qualifications
remanded H-1B

Commercial Banking

· Company
The petitioner submitted new, relevant evidence on appeal regarding the specialty occupation nature of the position. The AAO determined that...
Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed H-1B

Engineering

· Company
The appeal was dismissed because the petitioner failed to consistently establish the position's prerequisites. The AAO found material incons...
Specialty Occupation Definition Requirement Of A Bachelor'S Or Higher Degree In A Specific Specialty Consistency Of Stated Position Prerequisites
remanded H-1B

Unknown

· Company
The decision was remanded because the Director used the incorrect regulation to revoke the petition and failed to follow proper revocation p...
Revocation On Notice Payment Of Filing Fees 8 C.F.R. § 214.2(H)(11)(Iii)(A)
dismissed H-1B

Operations Management

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'operations management associate' quali...
Specialty Occupation Definition Bachelor'S Degree Requirement Position Duties 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed H-1B

Not Specified

· Company
The appeal was dismissed because the petitioner filed more than one H-1B petition for the same beneficiary in the same fiscal year, which is...
Multiple H-1B Petitions (8 C.F.R. § 214.2(H)(2)(I)(G))
dismissed H-1B

Unknown

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation position...
Beneficiary Qualifications Foreign Degree Equivalency
dismissed H-1B

Unknown

· Organization
The appeal was dismissed because the petitioner submitted two H-1B registrations for the same beneficiary in the same fiscal year, which vio...
Duplicate H-1B Registration Ineffective Assistance Of Counsel Role Of Legal Representatives In Registration Administrative Procedure Act (Apa)
remanded H-1B

Unknown

· Company
The appeal was remanded because the Director used an incorrect legal basis to revoke the previously approved H-1B petition. The Director cit...
Revocation On Notice Procedures Filing Fee Payment Approval Involving Gross Error
remanded H-1B

Management Consulting

· Company
The appeal was remanded because the Director denied the petition based on the beneficiary's qualifications without first establishing whethe...
Specialty Occupation Beneficiary Qualifications Position Duties Lca Validity/Wage Level
dismissed H-1B

Unknown

· Company
The appeal was dismissed on procedural grounds because the signature on the appellate Form I-290B was determined to be invalid. The AAO conc...
Valid Signature On Appeal Form
dismissed H-1B

Unknown

· Company
The appeal was dismissed because the Petitioner violated the regulation prohibiting the filing of multiple H-1B petitions for the same benef...
Prohibition On Filing Multiple H-1B Petitions 8 C.F.R. § 214.2(H)(2)(I)(G)
dismissed H-1B

Unknown

· Company
The appeal was dismissed because the petitioner failed to prove that the beneficiary was exempt from the H-1B numerical cap. The beneficiary...
H-1B Numerical Cap Exemption
dismissed H-1B

Unknown

· Organization
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed job description for the proffered position. This l...
Specialty Occupation Definition Insufficient Job Description Regulatory Criteria At 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed H-1B

Computer Systems Analysis

· Company
The appeal was dismissed because the petition to extend the beneficiary's H-1B status was filed long after the original petition had expired...
Timely Filing Of Petition Extension Extension Of Stay Vs. Petition Extension Jurisdiction Of Aao Labor Condition Application (Lca)
remanded H-1B

Unknown

· Company
The Director denied the petition because the position did not qualify as a specialty occupation, the Labor Condition Application (LCA) did n...
Specialty Occupation Valid Lca Maintenance Of Status
remanded H-1B

Unknown

· Company
The appeal was remanded because the AAO identified a threshold issue that needed to be addressed before the merits of the denial. Specifical...
Lca Correspondence With Petition Specialty Occupation Beneficiary Qualifications
sustained H-1B

Specialty Occupation

· Company
The appeal was sustained because the petitioner established that the proffered position qualifies as a specialty occupation. The petitioner ...
Specialty Occupation Definition Specialized And Complex Duties Requiring A Degree
dismissed H-1B

Business Administration

· Organization
The appeal was dismissed because the Director denied the petition on two independent grounds, and the petitioner failed to adequately addres...
Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Minimum Education Requirements Specific Degree Requirement
sustained H-1B

Computer Science

· Organization
The Director initially denied the petition, concluding the Beneficiary was not qualified for the specialty occupation. The AAO sustained the...
Beneficiary Qualifications Degree Equivalency Work Experience Equivalency
dismissed H-1B

Unknown

· Company
The appeal was summarily dismissed on procedural grounds. The petitioner failed to address the Director's reasons for dismissing their prior...
Specialty Occupation Motion To Reopen Motion To Reconsider Appeal Requirements
dismissed H-1B

Finance

· Company
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered 'Financial Analyst' position qualifies as a special...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement Of A Baccalaureate Or Higher Degree In A Specific Specialty
remanded H-1B

Software Development

· Company
The appeal was remanded because the Director denied the petition based on derogatory information, specifically allegations of plagiarism and...
Bona Fide Job Offer Procedural Fairness (Derogatory Information)
dismissed H-1B

Computer Science

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of a 'web software developer' qualifies as a...
Specialty Occupation
dismissed H-1B

Communications

· Organization
The appeal was dismissed because the petitioner did not establish that the proffered position qualifies as a specialty occupation. The petit...
Specialty Occupation Specific Specialty Degree Requirement Eligibility At Time Of Filing
sustained H-1B

Business Analysis

· Company
The appeal was sustained because the petitioner provided additional evidence that remedied the defects noted in the initial denial. The new ...
Specialty Occupation Beneficiary'S Qualifications
dismissed H-1B

Human Resources

· Company
The appeal was dismissed because the petitioner failed to establish that the 'technical recruiter' position qualifies as a specialty occupat...
Specialty Occupation Definition Minimum Degree Requirement
sustained H-1B

Unknown

· Company
The appeal concerned the length of the H-1B approval period. The Director had approved a shorter validity period than requested, disagreeing...
H-1B Maximum Period Of Stay Recapture Of Time Abroad
dismissed H-1B

Data Analytics

· Company
The appeal was dismissed because the petitioner failed to prove that the proffered 'product analyst' position qualifies as a specialty occup...
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner did not sufficiently describe the duties of the proffered 'software developer' position. Thi...
Normal Minimum Educational Requirement For The Position (Criterion 1) Industry Standard For Parallel Positions Or Complexity Of The Specific Position (Criterion 2) Employer'S Normal Hiring Requirement For The Position (Criterion 3) Nature Of The Specific Duties Are So Specialized And Complex (Criterion 4)
dismissed H-1B

Business Analysis

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
Specialty Occupation Definition Requirement Of A Baccalaureate Or Higher Degree In A Specific Specialty
sustained H-1B

Pharmacy

· Company
The Director initially denied the petition, concluding the proffered role did not qualify as a specialty occupation. The appeal was sustaine...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded H-1B

Trading

· Company
The case was remanded for the Director to reconsider the specialty occupation issue in light of the Madkudu Inc. v. USCIS settlement agreeme...
Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed H-1B

Business Analysis

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'business analyst' position qualifies as a specialt...
Specialty Occupation Degree In A Specific Specialty Highly Specialized Knowledge
dismissed H-1B

Unknown

· Company
The motion was dismissed for procedural shortcomings, as the petitioner failed to include a required statement about judicial proceedings. A...
Motion To Reconsider Requirements Timeliness Of Filing Procedural Requirements For Motions Specialty Occupation
dismissed H-1B

Design

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform services in the specialty o...
Beneficiary Qualifications Foreign Degree Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C)
sustained H-1B

Unspecified

· Company
The appeal was sustained because the Director incorrectly calculated the beneficiary's six-year maximum period of stay. The Director had sho...
Maximum Period Of Stay Six-Year Limitation Recapture Of Time Spent Abroad
dismissed H-1B

Civil Aviation

· Organization
The appeal was dismissed because the petitioner did not establish that the 'training and development manager' position is a specialty occupa...
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

Regulatory Affairs

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Regulatory Specialist I' qualifies as a ...
Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A))
sustained H-1B

Architecture

· Organization
The Director initially denied the petition because the architectural position appeared to require a state license, which the Beneficiary did...
Licensure Requirement
sustained H-1B

Computer Engineering

· Company
The Director denied the petition, finding the beneficiary was not qualified for the BIOS engineer position. The Director incorrectly relied ...
Beneficiary Qualifications 8 C.F.R. § 214.2(H)(4)(Iii)(C)(1)
remanded H-1B

Business Administration

· Company
The decision was remanded because the Director improperly denied the petition based on the beneficiary's qualifications without first determ...
Specialty Occupation Beneficiary Qualifications
remanded H-1B

Data Analysis

· Company
The appeal was remanded because the petitioner submitted new evidence on appeal, specifically an expert opinion, that was not before the Dir...
Specialty Occupation H-1B Fee Payment
remanded H-1B

Software Quality Assurance

· Company
The Director denied the petition because the Beneficiary allegedly failed to maintain F-1 student status and was therefore ineligible for a ...
Maintenance Of Status Change Of Status Specialty Occupation
remanded H-1B

Software Development

· Company
The appeal was remanded because the Director improperly evaluated the Beneficiary's qualifications without first determining if the proffere...
Specialty Occupation Beneficiary Qualifications
dismissed H-1B

Pharmacy

· Company
The appeal was dismissed primarily due to an impermissible post-filing material change. The petitioner attempted to reclassify the proffered...
Lca Correspondence Post-Filing Material Change Specialty Occupation
dismissed H-1B

Not Specified

· Company
The appeal was dismissed because the petitioner's filing fee payment was not honored by its financial institution. Although the petitioner p...
Payment Of Fees 8 C.F.R. § 103.2(A)(7)(Ii) 8 C.F.R. § 106.1(C) Response To Notice Of Intent To Revoke (Noir)
dismissed H-1B

Unknown

· Company
The appeal was dismissed because the petitioner's check for filing fees was dishonored. The petitioner admitted to canceling the check, and ...
Dishonored Payment Of Fees Revocation Of Approval Response To Notice Of Intent To Revoke (Noir)
dismissed H-1B

Food Delivery Service

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered operations manager position qualifies as a specialty ...
Specialty Occupation
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the beneficiary was not eligible for an H-1B status extension beyond the six-year limitation. The beneficia...
H-1B Six-Year Limit H-1B Extension Beyond Six Years I-140 Petition Revocation
dismissed H-1B

Unknown

· Company
The appeal was dismissed (rejected) because the AAO lacks jurisdiction over the denial of an extension of stay request. The Director denied ...
Jurisdiction Extension Of Stay
dismissed H-1B

Software Engineering

· Company
The appeal was dismissed because the petitioner failed to prove the proffered 'software engineer' position qualifies as a specialty occupati...
Specialty Occupation Definition Beneficiary Qualifications 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered BI Analyst / Business Analyst position qualifies as...
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 Requires 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 The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
dismissed H-1B

Unknown

· Company
The appeal was dismissed because the petitioner filed two cap-subject H-1B petitions for the same beneficiary within the same fiscal year, v...
Multiple H-1B Petitions Rule (8 C.F.R. § 214.2(H)(2)(I)(G))
dismissed H-1B

Data Analytics

· Company
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'lead data analyst' qualifies as a specia...
Specialty Occupation Bachelor'S Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Are So Specialized And Complex
dismissed H-1B

Quantitative Finance

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Quantitative Finance Analyst qualifies ...
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

Civil Engineering

· Company
The appeal was dismissed because the petitioner provided inconsistent and materially different job descriptions before and after the Request...
Lca Correspondence To Position Specialty Occupation Definition State Licensure For The Occupation Consistency Of Job Duties
dismissed H-1B

It Services

· Company
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary's U.S. master's degree was from a qualifying 'Uni...
Master'S Cap Eligibility Definition Of 'U.S. Institution Of Higher Education' Nonprofit Status Of Educational Institution Accreditation Of Educational Institution
dismissed H-1B

Business

· Organization
The appeal was dismissed because the petitioner, on a previous petition, had explicitly selected options to be considered 'cap exempt' and t...
H-1B Six-Year Limit H-1B Cap Exemption Recapture Of Time Spent Abroad Reclaiming Remainder Of H-1B Time
remanded H-1B

Unknown

· Company
The certification was remanded because the matter became moot. The Beneficiary had adjusted to lawful permanent resident status, so the AAO ...
dismissed H-1B

Unknown

· Organization
The appeal was dismissed because the petitioner failed to meet the regulatory requirement of obtaining a certified Labor Condition Applicati...
Certified Labor Condition Application (Lca)
dismissed H-1B

Customer Experience Surveys

· Company
The appeal was dismissed because the petitioner failed to respond to a Notice of Intent to Revoke (NOIR) issued after the Department of Stat...
Grounds For Revocation Truthfulness Of Statements Specialty Occupation Existence Of Business Operations
remanded H-1B

Computer Science

· Company
The case was remanded because the Director's initial denial, which found the position was not a specialty occupation, may not have properly ...
Specialty Occupation Wage Level Soc Code Correspondence Job Duties
remanded H-1B

Software Development

· Company
The Director denied the H-1B extension petition because the underlying I-140 petition had been denied. However, the I-140 was subsequently a...
H-1B Extension Beyond 6 Years Pending I-140 Petition For At Least 365 Days American Competitiveness In The Twenty-First Century Act (Ac21)
remanded H-1B

Database Administration

· Company
The appeal was remanded because the Director's denial, which was based on a finding of fraud and misrepresentation, lacked sufficient analys...
Fraud Misrepresentation Change Of Employer H-1B Cap Petition Validity
dismissed H-1B

Software Development

· Company
The Director denied the petition because the Petitioner did not establish that it submitted a certified Labor Condition Application (LCA) th...
Lca Correspondence With Petition Specialty Occupation Definition Soc Code Accuracy 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded H-1B

Unknown

· Company
The Director denied the entire H-1B petition after concluding the Beneficiary had abandoned the request for a change of status by traveling ...
Change Of Status Abandonment Of Request Maintenance Of Status Specialty Occupation
remanded H-1B

Unknown

· Company
The Director denied the petition because the name on the beneficiary's educational documents did not match their passport, failing to establ...
Beneficiary'S Qualifications Educational Documentation
dismissed H-1B

Mechanical Engineering

· Company
The seventh consecutive motion to reopen and reconsider was dismissed. The petitioner failed to state new facts for the motion to reopen, in...
Specialty Occupation Motion To Reopen Motion To Reconsider
remanded H-1B

Software Development

· Company
The appeal was remanded because the Director's denial was procedurally flawed and insufficient for review. The Director incorrectly focused ...
Specialty Occupation Definition Normal Degree Requirement For Position Common Degree Requirement In Industry Position'S Complexity Or Uniqueness Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
dismissed H-1B

Computer Systems Analysis

· Company
The appeal was dismissed for three primary reasons. First, the matter was declared moot because the beneficiary had already been approved fo...
Beneficiary Qualifications Specialty Occupation Procedural Filing Requirements
remanded H-1B

Unknown

· Company
The Director denied the petition, concluding that the petitioner did not establish the position qualified as a specialty occupation or that ...
Specialty Occupation Beneficiary Qualifications Labor Condition Application (Lca)
sustained H-1B

Specialty Occupation

· Company
The Director denied the petition, concluding the proffered position did not qualify as a specialty occupation. Upon de novo review, the AAO ...
Specialty Occupation Requirements Highly Specialized Knowledge Bachelor'S Degree Requirement Position Complexity
sustained H-1B

Specialty Occupation

· Company
The appeal was sustained because upon de novo review, the AAO found the record sufficient to demonstrate that the proffered position qualifi...
Specialty Occupation Highly Specialized Knowledge Bachelor'S Degree Requirement
dismissed H-1B

Product Marketing

· Company
The appeal was dismissed because the beneficiary was not exempt from the H-1B numerical cap. Although a prior H-1B petition was approved for...
H-1B Cap Exemption Previously Counted Against The Cap Automatic Revocation Of Unused Petition Period Of Authorized Admission
remanded H-1B

Logistics

· Company
The appeal was remanded because the Director's revocation process was procedurally flawed. The Notice of Intent to Revoke (NOIR) contained i...
Revocation On Notice Employment In Specified Capacity Violation Of H-1B Program Requirements Procedural Requirements For Notice Of Intent To Revoke (Noir) Bona Fide Position
sustained H-1B

Unknown

· Company
The appeal was sustained because the Director had improperly shortened the requested H-1B extension period. The AAO reviewed the calculation...
H-1B Maximum Period Of Stay Recapture Of Time Spent Outside The U.S.
dismissed H-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform. The re...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed H-1B

Unknown

· Company
The appeal was dismissed as moot. A subsequent H-1B petition filed by the same Petitioner for the same Beneficiary had already been approved...
Beneficiary Qualifications
dismissed H-1B

Unknown

· Company
The AAO issued a notice of intent to dismiss, requesting additional information about the signing party's capacity to file the appeal on the...
Legal Standing Failure To Respond
dismissed H-1B

Unknown

· Company
The motion to reconsider was dismissed because it failed to satisfy the regulatory requirements. The petitioner did not state the reasons fo...
Motion To Reconsider Requirements Timely Filing Of Motion
dismissed H-1B

Software Engineering

· Company
The appeal was dismissed because the director properly revoked the petition's approval. During a site visit, the petitioner's president made...
Truthfulness Of Statements In Petition Violation Of H-1B Terms And Conditions Adequate Workspace Specialty Occupation

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 →