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 48 of 50
dismissed
H-1B
Unknown
The director initially denied the petition, concluding the beneficiary was not qualified for the offered position. The AAO dismissed the app...
Beneficiary Qualifications Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to establish that the certified Labor Condition Application (LCA) properly correspond...
Specialty Occupation Lca Correspondence With Petition Prevailing Wage Standard Occupational Classification (Soc) Code Wage Level
remanded
H-1B
Information Management
The case was remanded because the Director committed a legal error in analyzing the beneficiary's qualifications. The Director improperly co...
Beneficiary Qualifications Educational Equivalency Work Experience Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Unspecified
The appeal was dismissed because the beneficiary's original cap-subject H-1B petition, filed by a different employer, was revoked due to fra...
H-1B Cap Exemption Previously Counted Against The Cap Revocation For Fraud Or Misrepresentation
dismissed
H-1B
Research
The appeal was dismissed because the petitioner failed to establish it was a 'nonprofit research organization' as defined by regulations. Th...
Nonprofit Research Organization Status H-1B Cap Exemption Acwia Fee Exemption Tax-Exempt Status
remanded
H-1B
Business Management
The appeal was remanded because the AAO found a discrepancy between the Labor Condition Application (LCA) and the H-1B petition. The AAO det...
Specialty Occupation Lca Correspondence With Petition Soc Code Accuracy Prevailing Wage Level
sustained
H-1B
Business Analysis
The appeal was sustained because the AAO found the evidence, including an advisory opinion and the Petitioner's letter, compellingly demonst...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for an H-1B extension beyond the six-year ...
H-1B Six-Year Limit Ac21 Lengthy Adjudication Delay Exemption Labor Certification Pending 365+ Days Immigrant Visa Petition Pending 365+ Days
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) from the Department of Labor ...
Labor Condition Application (Lca)
remanded
H-1B
Engineering
The Director denied the petition, concluding the Labor Condition Application (LCA) was invalid because it did not use the highest paying occ...
Labor Condition Application (Lca) Standard Occupational Classification (Soc) Code
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner provided inconsistent and contradictory information regarding the beneficiary's work locatio...
Lca Validity Work Location Consistency Material Change After Filing Eligibility At Time Of Filing
remanded
H-1B
Unknown
The Director granted a limited H-1B approval, not recognizing the beneficiary's eligibility for an extension beyond the six-year limit. On a...
H-1B Extension Beyond 6-Year Limit Ac21 Section 104(C) Approved I-140 Immigrant Petition Visa Unavailability Per-Country Limitations
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove that the beneficiary was working within the scope of the originally approved...
Employment Outside Scope Of Petition Incorrect Labor Condition Application (Lca) Violation Of Petition Terms Specialty Occupation
dismissed
H-1B
Medicine
The Director denied the H-1B petition because the beneficiary, a foreign physician, did not meet the standard licensing and examination requ...
Physician Of National Or International Renown Receipt Of Nationally Or Internationally Recognized Prizes Or Awards Authorship Of Scientific Or Scholarly Articles Published Material About The Beneficiary'S Work Employment In A Critical, Leading, Or Essential Capacity Serving As A Speaker Or Panelist At Medical Conferences Participation As A Judge Of The Work Of Others Membership In Associations Requiring Significant Achievements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to prove it was paying the beneficiary the required wage as certified on the Labor Co...
Required Wage Compliance Labor Condition Application (Lca)
dismissed
H-1B
It Risk Management
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The AAO found that the petitioner's accep...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Unique Position Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the beneficiary was not eligible for an H-1B extension beyond the six-year limit under the AC21 provisions....
H-1B Six-Year Limit Ac21 Extension Eligibility Lengthy Adjudication Delay Exemption Effect Of A Denied Immigrant Petition (Form I-140) On H-1B Extension Eligibility Eligibility At Time Of Filing
remanded
H-1B
Information Technology
The appeal was remanded because the Director's decision was insufficient for review. The Director first needed to determine if the proffered...
Specialty Occupation Beneficiary Qualifications Specific Degree Requirement
dismissed
H-1B
Engineering
The eighth combined motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not present new fa...
Specialty Occupation Motion To Reopen Motion To Reconsider Labor Condition Application (Lca) Ineffective Assistance Of Counsel
remanded
H-1B
Medicine
The Director approved the petition for a shorter validity period than requested, incorrectly calculating the beneficiary's remaining H-1B ti...
Six-Year Limitation On H-1B Stay Recapture Of Time Eligibility For New Six-Year Period After One Year Abroad
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...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Computer Science
The Director denied the petition, concluding that the beneficiary's education and work experience were not equivalent to a U.S. bachelor's d...
Beneficiary Qualifications Education And Experience Equivalence 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D)(1)
dismissed
H-1B
Law
The appeal was dismissed because the petitioner filed a second H-1B cap-subject petition for the same beneficiary within the same fiscal yea...
Prohibition On Multiple Cap-Subject Petition Filings Exceptions For Multiple Filings Withdrawal Of A Petition
remanded
H-1B
Unknown
The appeal was remanded because both the Petitioner and the Director miscalculated the beneficiary's remaining H-1B time. While the AAO reje...
Six-Year Limitation On Stay Recapture Of Time Spent Outside The U.S. Calculation Of Maximum Admission Period Authorized Grace Periods Vs. Authorized Admission
dismissed
H-1B
Computer Systems
The appeal was dismissed because the petitioner requested an H-1B extension beyond the beneficiary's six-year maximum. The beneficiary was n...
Six-Year Limitation On H-1B Stay Exemption For Lengthy Adjudication Exemption For Per-Country Limitations Recapture Of Time Eligibility At Time Of Filing Equitable Estoppel
dismissed
H-1B
Not Specified
The appeal was dismissed because the petitioner filed two H-1B cap-subject petitions for the same beneficiary in the same fiscal year, which...
Prohibition On Multiple H-1B Petitions Legitimate Business Need
dismissed
H-1B
Unspecified
The AAO dismissed the combined motion to reopen and reconsider because the petitioner failed to meet the legal standards for either type of ...
Motion To Reopen Motion To Reconsider Timeliness Of Motion Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary, who holds a bachelor's degree in business administ...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(D) Beneficiary Qualifications Education And Experience Equivalency Progressively Responsible Experience
dismissed
H-1B
Management
The appeal was dismissed because the Labor Condition Application (LCA) did not correspond with the H-1B petition. The petitioner designated ...
Lca Correspondence With Petition Wage Level Designation Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement Nature Of Specific Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove it was exempt from a required fee under Public Law 114-113. The petitioner p...
Fee Exemption (Public Law 114-113) Employee Count Verification
sustained
H-1B
Semiconductor Manufacturing
The appeal was sustained because the AAO found the record credibly demonstrated that the petitioner's material analyst position is a special...
Specialty Occupation Bachelor'S Degree In A Specific Specialty Position Complexity Or Uniqueness
dismissed
H-1B
Unknown
The appeal was dismissed because the Director's revocation of the petition was correct. The beneficiary was never properly counted against t...
H-1B Numerical Limitations (Cap) Exemption From The H-1B Cap Previously Counted Against The Cap Revocation Of Petition Approval Distinction Between Visa Issuance And Admission In Status
sustained
H-1B
Business Analytics
The appeal was sustained because the AAO found the petitioner's evidence credibly demonstrated that the 'data analyst supply chain' position...
Specialty Occupation Position Complexity Or Uniqueness (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Minimum Degree Requirement
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform services in a specialty oc...
Beneficiary Qualifications For Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(C) Foreign Degree Equivalency Education And Work Experience Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(D)(5)
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove it was not an H-1B dependent employer. Although the AAO found that the proff...
Specialty Occupation Lca Correspondence H-1B Dependent Employer Status
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to rebut the finding that it had improperly coordinated with another entity to submit...
Improper Registration / Attestation Against Collusion Specialty Occupation
dismissed
H-1B
Software Quality Assurance
The appeal was dismissed because the Director found that the petitioner worked with another entity to submit multiple registrations for the ...
Improper H-1B Registration / Collusion Specialty Occupation
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to rebut evidence that it coordinated with another company to unfairly increase the b...
Improper H-1B Registration Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to provide sufficient and consistent documentary evidence to prove the beneficiary's ...
H-1B Maximum Period Of Stay Recapture Of Time Spent Abroad Burden Of Proof Documentary Evidence Requirements For Recapture
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to establish that a bona fide job offer for a financial analyst existed at the time o...
Specialty Occupation Bona Fide Job Offer Petition Revocation
dismissed
H-1B
Finance
The appeal was dismissed because the petitioner failed to demonstrate that the proffered financial analyst position qualifies as a specialty...
Specialty Occupation Definition Criterion 1 Criterion 2 Criterion 3 Criterion 4
dismissed
H-1B
Finance
The appeal was dismissed because the proffered financial analyst position did not qualify as a specialty occupation. The AAO determined that...
Specialty Occupation Definition Specific Degree Requirement
dismissed
H-1B
Unknown
The AAO issued a Notice of Intent to Dismiss (NOID) because a subsequent petition filed by the petitioner for the same beneficiary had alrea...
Beneficiary Qualifications Abandonment
dismissed
H-1B
Unknown
The appeal was dismissed because the beneficiary was never counted against the H-1B numerical cap. Although the beneficiary was issued an H-...
H-1B Numerical Limitations (Cap) Cap Exemption Based On Prior Approval Distinction Between Visa Issuance And Being Granted Nonimmigrant Status Requirement Of Admission To The U.S. To Be Counted Against The Cap Automatic Revocation Of Unused H-1B Petitions
dismissed
H-1B
Not Specified
The motion to reconsider was dismissed because it was filed untimely. The petitioner had until November 26, 2018, to file the motion, but US...
Timeliness Of Motion
sustained
H-1B
Unknown
The appeal was sustained because upon de novo review, the AAO found that the petitioner established the proffered position as a specialty oc...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered 'restaurant manager' position qualifies as a specialt...
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, In The Alternative, An Employer May Show That Its Particular 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.
remanded
H-1B
Social Work
The Director denied the petition, concluding the nonprofit petitioner did not establish it qualified for an H-1B cap exemption through its a...
H-1B Cap Exemption Nonprofit Affiliation With An Institution Of Higher Education Formal Written Affiliation Agreement Active Working Relationship For Research Or Education Contribution To The Research Or Education Mission Of The Institution
dismissed
H-1B
Unknown
The appeal was dismissed on procedural grounds because the signature on the appellate Form I-290B was determined to be a word processor-gene...
Valid Signature On Appeal Form
dismissed
H-1B
Civil Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position of senior development analyst qualifies as a...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Supply Chain
The appeal was dismissed because the petitioner failed to establish that the proffered 'supply chain planner' position is a specialty occupa...
Normal Degree Requirement For The Position Degree Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Information Technology
The appeal was dismissed for two primary reasons. First, the wage offered in the Form I-129 was lower than the required wage specified in th...
Lca Correspondence Beneficiary Qualifications Education And Experience Equivalency
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to prove it was exempt from the additional fee required by Public Law 114-113. The pe...
Fee Exemption Employee Count Percentage Of H-1B/L-1 Workers
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not establish that the proffered position qualifies as a specialty occupation. The AAO f...
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, In The Alternative, An Employer May Show That Its Particular 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.
remanded
H-1B
Software Development
The Director denied the petition, concluding the beneficiary had exhausted the maximum six-year period of H-1B admission. The AAO found this...
H-1B Maximum Period Of Stay Calculation Of Time Spent In L-1A Status Eligibility For Remaining H-1B Time Abandonment Of Change Of Status
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the proffered software developer position qualifies as a specialty ...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of The Specific Duties Is Specialized And Complex Statutory Definition Of Specialty Occupation Validity Of Labor Condition Application (Lca)
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner did not establish that the proffered software developer position qualifies as a specialty oc...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Usually Associated With A Degree
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to provide any description of the position's duties, making it impossible to determin...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Mechanical Engineering
The AAO dismissed the petitioner's ninth motion to reopen and reconsider because it failed to present new facts or demonstrate an incorrect ...
Specialty Occupation Motion To Reopen Motion To Reconsider Labor Condition Application (Lca) Eligibility At Time Of Filing
dismissed
H-1B
Medicine
The appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary was eligible for H-1B status beyond the standard six-y...
Cap Exempt Petitioner H-1B Petition Validity Beyond The Six-Year Limitation
remanded
H-1B
Software Development
The appeal was remanded because the Director's denial, based on an allegedly incorrect wage level on the Labor Condition Application (LCA), ...
Lca Correspondence Wage Level O*Net Job Duties Specialty Occupation
remanded
H-1B
Unknown
The Director denied the petition, concluding the work location was not a legitimate place of employment. The AAO remanded the case, finding ...
Specialty Occupation Beneficiary Qualifications Legitimacy Of Work Location
remanded
H-1B
Technology
The appeal was remanded because the Director's calculation of the beneficiary's remaining H-1B time was likely incorrect. The Director assum...
H-1B Six-Year Limitation Recapture Of Time Spent Outside The U.S. Determination Of H-1B Start Date Maintenance Of Status F-1 Opt/Stem Opt Status
sustained
H-1B
Computer Science
The appeal was sustained because the AAO found that the evidence sufficiently demonstrated the 'applied scientist II' position qualifies as ...
Specialty Occupation Bachelor'S Degree Requirement Position Complexity Body Of Highly Specialized Knowledge
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner filed two H-1B cap-subject petitions for the same beneficiary in the same fiscal year. This ...
8 C.F.R. § 214.2(H)(2)(I)(G) - Prohibition On Multiple H-1B Petitions
dismissed
H-1B
Not Specified
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was exempt from the H-1B numerical cap. The benef...
H-1B Numerical Limitations (Cap) Master'S Cap Exemption Definition Of U.S. Institution Of Higher Education Accreditation Of Degree-Granting Institution
remanded
H-1B
Information Technology
The case was remanded for two reasons. First, the Director did not consider evidence that the Beneficiary may have reset their six-year limi...
Maximum Period Of Stay Specialty Occupation
dismissed
H-1B
Technology Management
The appeal was dismissed because the petitioner did not establish that the beneficiary was eligible for an H-1B extension beyond the six-yea...
H-1B Six-Year Limit Extension Ac21 Lengthy Adjudication Delay Exemption Failure To File For Adjustment Of Status Circumstances Beyond Control
remanded
H-1B
Business
The appeal was remanded because the Director revoked the petition's approval based on the petitioner's failure to timely respond to a Notice...
Grounds For Revocation (8 C.F.R. § 214.2(H)(11)(Iii)) Material Change In Employment Specialty Occupation Response To Notice Of Intent To Revoke (Noir)
remanded
H-1B
Unknown
The Director's decision was withdrawn and the matter was remanded for a new decision. The petitioner successfully demonstrated that the bene...
Specialty Occupation Beneficiary'S Permanent Resident Status
dismissed
H-1B
Unknown
The appeal was dismissed because the requested validity dates for the H-1B petition had already passed by the time USCIS adjudicated the cas...
Petition Validity Dates Retroactive Approval Lca Validity Period Adjudication Delays H-1B Cap Count
dismissed
H-1B
Construction Management
The appeal was dismissed because the Labor Condition Application (LCA) did not correspond with the H-1B petition. While the AAO agreed with ...
Specialty Occupation Labor Condition Application (Lca) Correspondence
dismissed
H-1B
Management Consulting
The appeal was dismissed because the proffered position of "associate (management consultant)" did not qualify as a specialty occupation. Th...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Management Consulting
The appeal was dismissed because the proffered position of 'solution associate' did not qualify as a specialty occupation. The petitioner's ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish the proffered 'associate (management consultant)' position as a specialt...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Unknown
The Director's decision was withdrawn and the case was remanded because the petitioner provided sufficient information to prove the benefici...
Beneficiary'S Immigration Status
remanded
H-1B
Unknown
The case was remanded because of a change in policy guidance following the U.S. District Court decision in Itserve Alliance, Inc. v. Cissna....
Specialty Occupation Employer-Employee Relationship
dismissed
H-1B
Data Analytics
The appeal was dismissed because the petitioner failed to establish that the proffered position of senior consultant - data analytics qualif...
Specialty Occupation Definition Bachelor'S Degree In A Specific Specialty Normal Degree Requirement For Position Industry Standard For Degree Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner submitted multiple misstatements and inconsistent evidence regarding its H-1B dependent stat...
Lca Correspondence H-1B Dependent Status Employee Count Verification
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner provided inconsistent and contradictory evidence regarding the number of its employees. This...
Lca Correspondence H-1B Dependent Employer Status
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner failed to establish that the proffered position of Business Intelligence Analyst qualifies a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business Intelligence
The appeal was dismissed because the petitioner submitted fraudulent and plagiarized project documentation to support the H-1B petition. The...
Fraud And Willful Misrepresentation Specialty Occupation
remanded
H-1B
Software Engineering
The Director denied the petition, concluding that because the beneficiary's end-client project had terminated, the petitioner did not have s...
Specialty Occupation Definition Availability Of Specialty Occupation Work For Requested Period Bona Fide Job Offer Misrepresentation
dismissed
H-1B
Unknown
The appeal was dismissed because the petition's requested validity period had already passed before the date of adjudication. The AAO affirm...
Petition Validity Dates Retroactive Approval Labor Condition Application (Lca) Validity H-1B Cap Count Adjudication Timeliness
remanded
H-1B
Unknown
Upon further review of the record, the AAO reopened the proceeding on its own motion. The office withdrew its prior decision dismissing the ...
Specialty Occupation
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner submitted two H-1B registrations for the same beneficiary in the same fiscal year. According...
Prohibition Of Multiple H-1B Registrations Per Beneficiary Requirement Of A Valid, Selected Registration To File A Petition
sustained
H-1B
Conflict Resolution
The appeal was sustained because the petitioner provided sufficient evidence in response to a Request for Evidence (RFE) to demonstrate that...
Specialty Occupation Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed as moot. After the initial denial, the petitioner filed a subsequent H-1B petition for the same beneficiary, which ...
Beneficiary Qualifications Mootness
remanded
H-1B
Research
The Director denied the petition, concluding that the beneficiary was not qualified for the position. The AAO remanded the case because the ...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted multiple H-1B registrations for the same beneficiary in the same fiscal year. The ...
Prohibition On Multiple H-1B Registrations
dismissed
H-1B
Strategic Planning And Finance
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The petitioner's minimum educational requ...
Normal Minimum Requirement Of A Bachelor'S Degree Industry Standard Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
sustained
H-1B
Data Analysis
The appeal was sustained because the AAO determined that the proffered position of monetization strategist qualifies as a specialty occupati...
Specialty Occupation
dismissed
H-1B
Construction Management
The appeal was dismissed because the petitioner's certified Labor Condition Application (LCA) did not correspond with the H-1B petition. The...
Lca Correspondence With Petition Prevailing Wage Determination Minimum Education Requirements For Wage Level Material Changes On Appeal
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner failed to provide sufficient evidence to resolve discrepancies in the reported number of tot...
H-1B Dependent Employer Status Specialty Occupation
sustained
H-1B
Medicine
The appeal was sustained because the Director incorrectly limited the petition's validity period. The AAO found that the Beneficiary was eli...
H-1B Six-Year Limitation Exemption For Lengthy Adjudication Delays Exemption For Per-Country Limitations Timing Of Filing For Extension Beyond The Sixth Year
dismissed
H-1B
Not Specified
The appeal was dismissed because the petitioner improperly filed a second H-1B cap-subject petition for the same beneficiary in the same fis...
Multiple H-1B Petitions Labor Condition Application (Lca) Revocation For Gross Error H-1B Cap Limitations
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of Technical Manager qualifies as a specialt...
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, In The Alternative, An Employer May Show That Its Particular 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
Software Quality Assurance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'test lead' qualifies as a specialty occu...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner's submitted Labor Condition Application (LCA) did not correspond to the H-1B petition. The D...
Lca Correspondence Wage Level Material Change Amended Petition
dismissed
H-1B
Accounting
The appeal was dismissed because the Director revoked the petition's approval based on findings that the facts in the petition were untrue, ...
Truthfulness Of Facts In Petition Bona Fide Specialty Occupation Grounds For Revocation
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