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 49 of 50
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was deemed moot. The petitioner had filed a subsequent H-1B petition for the same beneficiary, an...
Beneficiary Qualifications Specialty Occupation Mootness
dismissed
H-1B
Education
The appeal was dismissed because the issue was rendered moot. After the initial petition was denied, the Petitioner filed a new Form I-129 p...
Licensure Requirement Mootness
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to establish that the beneficiary was exempt from the H-1B numerical cap. A prior pet...
H-1B Cap Exemption Previously Counted Against The Cap
dismissed
H-1B
Management Analysis
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The petitioner's minimum requirement of a...
Specialty Occupation Definition Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Medical Physics
The Director denied the petition, concluding that the certified Labor Condition Application (LCA) for a 'Medical Scientist' did not match th...
Certified Labor Condition Application (Lca) Specialty Occupation Lca Correspondence With Petition
remanded
H-1B
Software Developer
The Director approved the petition for a shorter period than requested, providing an unclear and contradictory explanation for the limited v...
Six-Year Limitation On H-1B/L-1 Stay Calculation Of Time Spent In L-1A Status Recapture Of Unused Time Eligibility For Requested Period Of Admission
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to prove that the instructor position required a bachelor's degree in a specific spec...
Specialty Occupation Bachelor'S Degree In A Specific Specialty
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified to perform the duties of the specialty occupat...
Beneficiary Qualifications 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)
sustained
H-1B
Software Development
The appeal was sustained because the AAO found that the beneficiary was qualified for the specialty occupation. The Director had denied the ...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Human Services
The petition was denied because the petitioner failed to establish that the 'direct care professional' position qualified as a specialty occ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Degree Requirement Employer'S Normal Degree Requirement Complexity Of Duties Requiring A Degree
dismissed
H-1B
Unknown
The appeal was dismissed as moot. The AAO found that the petitioner had filed a subsequent H-1B petition for the same beneficiary which was ...
Beneficiary Qualifications Mootness
dismissed
H-1B
Human Services
The appeal was dismissed because the AAO concluded the proffered 'direct care professional' position did not qualify as a specialty occupati...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
remanded
H-1B
Unknown
After initially dismissing the petitioner's appeal of a revocation, the AAO reopened the proceeding on a service motion. The office withdrew...
Specialty Occupation
dismissed
H-1B
Software Publishing
The appeal was dismissed because the petitioner violated the terms and conditions of the previously approved H-1B petition. An administrativ...
Violation Of Terms And Conditions Of Approved Petition Material Change In Employment Unauthorized Work Location Failure To File Amended Petition
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst (management consultant)' position q...
Normal Degree Requirement Industry Standard Or Position Complexity Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Business Data Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered position of a business data analyst 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
dismissed
H-1B
Computer Information Systems
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of a specialty ...
Beneficiary Qualifications For Specialty Occupation Educational Equivalency Work Experience Equivalency Recognition Of Expertise
sustained
H-1B
It Project Management
The appeal was sustained because the AAO determined the proffered position of 'IT project management consultant' qualifies as a specialty oc...
Specialty Occupation Filing Fees
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition because the proffered job duties for a habilitation counselor were considered too general. On appeal, the A...
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
remanded
H-1B
Habilitation Counseling
The Director denied the petition, concluding the proffered job of a habilitation counselor did not qualify as a specialty occupation because...
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 [Is] 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
Counseling
The Director denied the petition, concluding the proffered job of a habilitation counselor did not qualify as a specialty occupation because...
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Information Technology
The motion to reopen was dismissed because the petitioner failed to present new facts, instead reasserting previously made arguments regardi...
Motion To Reopen Motion To Reconsider Fraud Or Willful Misrepresentation
dismissed
H-1B
Unknown
The appeal was dismissed because the issue was rendered moot. U.S. Citizenship and Immigration Services (USCIS) records showed that the Bene...
Wage Level Mootness
dismissed
H-1B
Business Analysis
The appeal was dismissed because the issue was considered moot. A review of USCIS records indicated that the Beneficiary had already filed a...
Mootness Specialty Occupation
dismissed
H-1B
Data Analysis
The appeal was dismissed because the Director revoked the petition's approval after a site visit revealed the beneficiary was in a 'non-prod...
Beneficiary No Longer Employed In Specified Capacity
remanded
H-1B
Rehabilitation Counseling
The Director initially denied the petition, concluding the job duties were described too generally to qualify as a specialty occupation for ...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition, finding the job duties were too general to qualify as a specialty occupation. The AAO disagreed, concludin...
Degree Is Normal Minimum Requirement For Position Degree Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex
remanded
H-1B
Rehabilitation Counseling
The Director initially denied the petition, concluding the described job duties for the 'habilitation counselor' position were too general t...
Specialty Occupation Definition Bachelor'S Degree Requirement Complexity Of Duties Industry Norm
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition because the proffered job duties for a habilitation counselor were deemed too general and not sufficiently ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Rehabilitation Counseling
The Director initially denied the petition, concluding the described job duties for a 'habilitation counselor' were too general and did not ...
Normal Degree Requirement Industry Norm Or Unique Position Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Software Consulting
The appeal was dismissed primarily because the petitioner failed to establish that the proffered position of Computer Systems Analyst qualif...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Parallel Positions Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered "Project Analyst" position qualifies as a specialty o...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Uniquely Complex Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Information Systems
The appeal was dismissed because the petitioner did not establish that the beneficiary was qualified to perform the duties of a specialty oc...
Beneficiary Qualifications Education Equivalency Experience Equivalency
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to submit a valid, certified Labor Condition Application (LCA) at the time of filing ...
Labor Condition Application (Lca) Requirement Eligibility At Time Of Filing Materiality Of Fein On Lca
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Licensing and Product Development Coordi...
Specialty Occupation Definition 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
Unknown
The appeal was dismissed because the petitioner's motion to reconsider and motion to reopen were filed untimely. The petitioner failed to pr...
Timeliness Of Motion To Reopen Timeliness Of Motion To Reconsider Reasonable And Beyond Control Standard For Delay Specialty Occupation Definition
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to provide a clear, consistent, and sufficiently detailed description of the job duti...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
sustained
H-1B
Software Quality Assurance
The appeal was sustained because the AAO found the Director erred in concluding the proffered position was not a specialty occupation. The D...
Specialty Occupation Definition Degree In A Specific Specialty Nature Of Duties Is Specialized And Complex (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4))
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the proffered instructor position qualifies as a specialty occupati...
Specialty Occupation Bachelor'S Degree In A Specific Specialty
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not establish that the beneficiary was exempt from the H-1B numerical cap. The director ...
H-1B Cap Exemption Master'S Degree Exemption Definition Of U.S. Institution Of Higher Education
remanded
H-1B
Education
The appeal was remanded because the Director failed to first determine if the proffered position qualifies as a specialty occupation. Additi...
Specialty Occupation Beneficiary Qualifications Degree Equivalency Progressively Responsible Experience Recognition Of Expertise
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position is a specialty occ...
Specific Specialty Requirement 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)
remanded
H-1B
Software Quality Assurance
The Director denied the petition, concluding the petitioner would accept any engineering degree, which would fail the 'specific specialty' r...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Wholesale
The appeal was dismissed because the petitioner failed to provide a certified Labor Condition Application (LCA) that corresponded to the pro...
Specialty Occupation Lca Correspondence With Petition
dismissed
H-1B
Management Analyst
The appeal was dismissed because the petitioner failed to rebut evidence that the beneficiary was not employed in the capacity specified in ...
Employment In Specified Capacity Accuracy Of Facts In Petition Violation Of Terms And Conditions Material Change In Employment Unauthorized Work Location Performance Of Specialty Occupation Duties
dismissed
H-1B
Marketing
The appeal was dismissed because the proffered position of 'creative operations associate' did not qualify as a specialty occupation. The AA...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
It Advisory
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'advisory manager' position qualified as a specialt...
Position Is So Complex Or Unique Duties Are So Specialized And Complex
remanded
H-1B
Unknown
The appeal was remanded because the Director improperly denied the H-1B petition based on the beneficiary's alleged external conduct (acting...
Bona Fide Job Offer Specialty Occupation Maintenance Of Status Unauthorized Employment Extension Of Stay
dismissed
H-1B
Project Management
The appeal was dismissed because the petitioner failed to specify its minimum educational requirements for the proffered position. The AAO r...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business Management
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of Business Operations Manager 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)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(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 pet...
Beneficiary Qualifications (8 C.F.R. § 214.2(H)(4)(Iii)(C)) Degree Equivalency (8 C.F.R. § 214.2(H)(4)(Iii)(D)) Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to establish that the proffered 'RN Clin III, Critical Care' position qualifies as a ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Complexity Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
remanded
H-1B
Information Technology
The appeal was remanded because the Director did not sufficiently articulate the grounds for revoking the petition. The AAO found that the D...
H-1B Registration Process Collusion In H-1B Registration Fraud And Willful Misrepresentation Revocation Of An Approved Petition Multiple Filings By Related Entities Legitimate Business Need
remanded
H-1B
Information Technology
The Director revoked the H-1B petition approval, finding that the Petitioner colluded with a related company to unfairly increase the benefi...
H-1B Registration Attestation Collusion Fraud/Misrepresentation Petition Revocation Multiple Filings By Related Entities Legitimate Business Need
sustained
H-1B
Software Development
The appeal was sustained because the AAO determined that the proffered position of Software Development Engineer III qualifies as a specialt...
8 C.F.R. § 214.2(H)(4)(Iii)(A) - Specialty Occupation Requirements 8 C.F.R. § 214.2(H)(4)(Iii)(C) - Beneficiary Qualifications
remanded
H-1B
It Consulting
The appeal was remanded because the Director's decision to revoke the H-1B petition was not adequately explained. The Director concluded tha...
Revocation For Beneficiary No Longer Employed In Specified Capacity (8 C.F.R. § 214.2(H)(11)(Iii)(A)(1)) Material Change In Terms And Conditions Of Employment Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
dismissed
H-1B
Behavioral Health
The appeal was dismissed because the Petitioner failed to demonstrate it was exempt from the H-1B cap and associated fees, as it did not pro...
Specialty Occupation Acwia Fee Exemption H-1B Cap Exemption Lca Correspondence
remanded
H-1B
Unknown
The Director revoked the petition approval, finding that the petitioner colluded with a related entity to submit multiple H-1B registrations...
H-1B Registration Attestation Collusion In H-1B Registration Fraud Grounds For Revocation Multiple Petitions By Related Entities Sufficient Notice Of Revocation
dismissed
H-1B
Mental Health Counseling
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'bilingual case manager' qualifies as a s...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered 'rehabilitation counselor' position did not qualify as a specialty occupation. The AAO conclu...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Rehabilitation Counseling
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of rehabilitation counselor qualifies as a...
Specialty Occupation H-1B Cap Exemption Lca Correspondence Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
remanded
H-1B
Unknown
The Director revoked an approved H-1B petition, alleging fraud because the petitioner and a related entity submitted multiple registrations ...
H-1B Registration Process Fraud Collusion In Registration Multiple Filings By Related Entities Legitimate Business Need Grounds For Revocation
dismissed
H-1B
Rehabilitation Counseling
The appeal was dismissed because the petitioner failed to establish that the proffered rehabilitation counselor position is a specialty occu...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position'S Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to prove the proffered 'habilitation specialist' position is a specialty occupation. ...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Parallel Positions Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Rehabilitation Counseling
The appeal was dismissed because the petitioner failed to establish that the proffered rehabilitation counselor position qualifies as a spec...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity Of Specific Duties Requirement Of A Degree In A Specific Specialty
remanded
H-1B
Business
The Director revoked the petition approval, finding fraud because the petitioner coordinated with a related company to submit multiple H-1B ...
H-1B Registration Process Attestation Against Collusion Fraud Grounds For Revocation Multiple Filings By Related Entities
remanded
H-1B
Unspecified Specialty Occupation
The appeal was remanded because the AAO concluded that the Director did not provide sufficient notice of the specific grounds for revoking t...
H-1B Registration Process Collusion To Increase Selection Chances Attestation Of Legitimate Job Offer Grounds For Revocation Fraud And Misrepresentation
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered 'habilitation specialist' position did not qualify as a specialty occupation. The AAO agreed ...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position qualifies as a spe...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position qualifies as a spe...
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 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
sustained
H-1B
Data Science
The appeal was sustained because the AAO determined that the Service Center Director misstated the petitioner's actual educational requireme...
Specialty Occupation Degree Requirement Beneficiary'S Educational Qualifications
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position qualifies as a spe...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'assistant program manager' position qualified as a s...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner did not establish that the proffered 'habilitation specialist' position qualifies as a speci...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of assistant program manager qualified as a ...
Specialty Occupation Definition Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'habilitation specialist' position qualifies as a s...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The Degree Requirement Is Common To The Industry In Parallel Positions The Employer Normally Requires A Degree For The Position The Duties Are So Specialized And Complex That The Knowledge Required Is Usually Associated With A Degree
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered position of 'habilitation specialist' did not qualify as a specialty occupation. The AAO conc...
A Baccalaureate Or Higher Degree Is Normally The Minimum Requirement The Degree Requirement Is Common To The Industry The Employer Normally Requires A Degree The Duties Are So Specialized And Complex That They Require A Degree
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition, concluding the proffered habilitation counselor position did not qualify as a specialty occupation because...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Norm For Degree Requirement Employer'S Normal Hiring Requirement Specialized And Complex Nature Of Duties Lca Correspondence To Proffered Job
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition, finding the described duties for a habilitation counselor were too general to qualify as a specialty occup...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Nature Of Duties
remanded
H-1B
Rehabilitation Counseling
The Director initially denied the petition, concluding the proffered job duties for a habilitation counselor were too general and did not qu...
Specialty Occupation Qualification Bachelor'S Degree Requirement Nature Of Specific Duties Correspondence Between Lca And Proffered Job
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO first determined that the proffered position of Staff Software Engineer qualified as a specialty oc...
8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2)
sustained
H-1B
Information Technology
The Director initially denied the petition, concluding the Beneficiary was not qualified for the proffered position. The AAO sustained the a...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(2)
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered Human Resources Specialist position qualifies as a sp...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Religion
The appeal was dismissed because the petitioner, a church, failed to establish that the position of church planting pastor qualifies as a sp...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For Position Equivalent Experience
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not sufficiently describe the duties of the proffered position. The job descriptions pro...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Common Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Degree Of Specialization And Complexity Of Duties
remanded
H-1B
Finance
The appeal was remanded because the Director denied the petition based on the beneficiary's qualifications without first properly determinin...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered position of assistant program manager did not qualify as a specialty occupation. The petition...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner did not establish that the proffered Program Manager position qualified as a specialty occup...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered program manager position qualifies as a specialty occ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered assistant program manager position did not qualify as a specialty occupation. The petitioner ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Behavior Analysis
The appeal was remanded because the Director improperly dismissed the petitioner's motion to reopen and reconsider without providing a speci...
H-1B Cap Exemption Third-Party Petitioner Affiliation Employment At A Qualifying Institution
remanded
H-1B
Unknown
The appeal was remanded because the Director approved the H-1B petition for a shorter validity period than requested without providing a cle...
H-1B Six-Year Limit Recapture Of Time Spent Abroad Calculation Of Maximum Admission Period Evidentiary Requirements For Travel Dates
remanded
H-1B
Behavior Analysis
The Director's decision to dismiss the motion to reopen and reconsider was withdrawn because it failed to address the evidence and claims wi...
H-1B Cap Exemption Third-Party Petitioner Affiliation With A Qualifying Institution Duties Furthering The Purpose Of A Qualifying Institution Majority Of Work Time At A Qualifying Institution
sustained
H-1B
Behavior Analysis
The initial denial was based on the petitioner's failure to establish that the beneficiary qualified for an H-1B cap exemption by working fo...
H-1B Numerical Cap Exemption Employment At A Qualifying Institution Of Higher Education Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Data Engineering
The Director granted a shorter H-1B extension than requested, only accounting for time the beneficiary could recapture. The petitioner appea...
H-1B Six-Year Limitation Ac21 Extension Pending Labor Certification Recapture Of Time
sustained
H-1B
Computer Systems Design
The Director initially denied the petition after concluding the Beneficiary was not qualified to perform the duties of the software develope...
Beneficiary Qualifications Foreign Degree Equivalency
remanded
H-1B
Automotive Design
The Director approved the H-1B petition for a shorter duration than requested because the beneficiary's underlying labor certification, whic...
H-1B Six-Year Limitation Ac21 Extension Eligibility Pending Labor Certification (Eta Form 9089)
dismissed
H-1B
Social Networking Service
The appeal was dismissed because the petitioner submitted two H-1B registrations for the same beneficiary in the same fiscal year. Although ...
Prohibition On Multiple H-1B Registrations
sustained
H-1B
Engineering
The appeal was sustained because the petitioner provided compelling evidence, including an updated advisory opinion and a detailed support l...
Specialty Occupation Definition Bachelor'S Degree Requirement Highly Specialized Knowledge Position Complexity
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The pet...
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)
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