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 (3)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
4985 total decisions
Page 5 of 50
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, identified as an employment contractor, failed to provide the required itinerary of service...
Employer-Employee Relationship Specialty Occupation Definition Itinerary Of Services Lca Compliance
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary of services for the benefi...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a consulting company placing employees at third-party sites, failed to provide a required i...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
sustained
H-1B
Software Development
The appeal was sustained because the petitioner successfully demonstrated that it would be the beneficiary's employer by showing it would hi...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor placing the beneficiary at third-party client sites, failed to pro...
Specialty Occupation Employer-Employee Relationship Itinerary Of Services Lca Compliance
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialty occupation. As an ...
Specialty Occupation Definition Employer-Employee Relationship Third-Party Worksite Requirements Itinerary Of Services
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor, failed to establish that the beneficiary would be employed in a s...
Employer-Employee Relationship Specialty Occupation Definition Itinerary For Services Third-Party Worksite Requirements
dismissed
H-1B
Orthodontics
The appeal was dismissed because the petitioner, an orthodontics office, failed to prove that the proffered position of Dental Assistant qua...
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 A Degree Is Required
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary with the dates and locatio...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services
dismissed
H-1B
Auditing
The appeal was dismissed because the petitioner, a small retail gift store company, failed to establish that the proffered position of inter...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, identified as an employment contractor placing the beneficiary at third-party client sites,...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The appeal was subsequently dismissed based upon the p...
Withdrawal Of Appeal
dismissed
H-1B
Computer Science
The petitioner requested to withdraw the petition, which the director honored by terminating it. The petitioner's subsequent appeal was reje...
Withdrawal Of Petition
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary of services for the benefi...
Employer-Employee Relationship Specialty Occupation Requirements Itinerary Of Services
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter requesting to withdraw the appeal. The decision was not based o...
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove the proposed position qualified as a specialty occupation. As an employment ...
Specialty Occupation Definition Employer-Employee Relationship Itinerary For Third-Party Worksites
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner, a staffing company, failed to establish that the beneficiary would be employed in a special...
Specialty Occupation Definition Employer-Employee Relationship Itinerary Of Services Labor Condition Application (Lca) Compliance Third-Party Worksite Arrangements
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary of services for the benefi...
Specialty Occupation Employer-Employee Relationship Itinerary Of Services Lca Compliance
dismissed
H-1B
Dentistry
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'dental specialist/researcher' qualifies ...
Specialty Occupation Licensing Requirements
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered general manager position at its Thai restaurant quali...
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 Is 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
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialty occupation. As an ...
Specialty Occupation Employer-Employee Relationship Itinerary Of Services Lca Compliance
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor, failed to establish that the beneficiary would be employed in a s...
Specialty Occupation Definition Employer-Employee Relationship Itinerary Of Services End-Client Work Requirements
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialty occupation. As an ...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Third-Party Worksite Requirements
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialty occupation. Althou...
Employer-Employee Relationship Specialty Occupation Definition Itinerary Of Services End-Client Job Requirements
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, identified as an employment contractor, failed to submit a required itinerary detailing the...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services
dismissed
H-1B
Dentistry
The appeal was dismissed because the petitioner failed to establish that the proffered 'dental specialist' position qualifies as a specialty...
Normal Minimum Degree Requirement Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized/Complex
dismissed
H-1B
Computer Consulting
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 Extension Beyond Six-Year Limit Ac21 Eligibility Doj21 Eligibility Pending Labor Certification For 365 Days Or More
dismissed
H-1B
Computer Science
The appeal was dismissed because the beneficiary had reached the six-year limit on H-1B status and was not eligible for an extension under t...
H-1B Maximum Period Of Stay Ac21 Extension Eligibility
dismissed
H-1B
Computer Programming
The appeal was dismissed because it was not filed in a timely manner. The appeal was received 34 days after the director's decision was mail...
Timeliness Of Appeal
dismissed
H-1B
Tennis And Fitness
The appeal was dismissed because the petitioner failed to establish that the proffered position of a director at a tennis and fitness center...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Position Is Uniquely Complex Employer'S Normal Degree Requirement Duties Are Specialized And Complex
dismissed
H-1B
Computer Science
The appeal was rejected because it was filed after the deadline. The petitioner filed the appeal 37 days after the director's decision was i...
Timeliness Of Appeal Specialty Occupation Motion To Reopen/Reconsider
dismissed
H-1B
Software Development
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary of services listing the da...
Employer-Employee Relationship Specialty Occupation Itinerary Of Employment
dismissed
H-1B
Physical Therapy
The appeal was dismissed because the petitioner failed to provide the required certification for a foreign health-care worker, as mandated b...
Foreign Health-Care Worker Certification State Licensure
sustained
H-1B
Computer Software
The appeal was sustained after a motion to reopen and reconsider. The AAO withdrew its prior decision, finding that a labor certification ap...
H-1B Extension Beyond 6-Year Limit Pending Labor Certification
remanded
H-1B
Computer Science
The director's denial, based on the finding that the beneficiary was not qualified, was withdrawn. The AAO found that multiple credential ev...
Beneficiary Qualifications Education And Experience Equivalency
sustained
H-1B
Volleyball Coach
The appeal was sustained because the director had overlooked a timely filed and certified Labor Condition Application (LCA) that was present...
Labor Condition Application (Lca) Validity Timely Filing Of Lca
sustained
H-1B
Accounting
The appeal was sustained after the petitioner, on a motion to reopen, provided a tax return showing over $49 million in gross receipts, whic...
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 Is 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
Computer Science
The appeal was dismissed because the petitioner, acting as an employment contractor, failed to provide a required itinerary of services and ...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
dismissed
H-1B
Custodial Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of custodial services manager qualifies as a...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
While the AAO found that the petitioner would be the beneficiary's employer, the appeal was dismissed because the petition did not establish...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner, an employment contractor placing the beneficiary at third-party client sites, failed to pro...
Employer-Employee Relationship Specialty Occupation Definition Itinerary For Multiple Work Locations Labor Condition Application (Lca) Compliance
dismissed
H-1B
Computer Science
The appeal was dismissed. Although the AAO overturned the director's finding regarding the employer-employee relationship, it denied the pet...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor, failed to establish that the beneficiary would be employed in a s...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary of services detailing the ...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an IT consulting firm placing the beneficiary at third-party client sites, failed to provid...
Employer-Employee Relationship Specialty Occupation Definition Itinerary Requirement Lca Compliance
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary of services. Although the ...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary of definite employment for...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Lca Compliance
dismissed
H-1B
Information Technology
The director denied the petition for failing to establish that it qualifies as the beneficiary's U.S. employer and that the proffered positi...
U.S. Employer Relationship Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Computer Science
The appeal was rejected because it was untimely filed. The director's decision was issued on January 29, 2005, but the appeal was not receiv...
Timely Filing Of Appeal
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish it qualified as the beneficiary's U.S. employer, specifically regarding ...
Specialty Occupation United States Employer Employer-Employee Relationship Availability Of Position Labor Condition Application (Lca)
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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 Is 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
Business Administration
The appeal was dismissed because the petitioner, a shoe wholesaler and retailer, failed to establish that the proffered position of part-tim...
Position Normally Requires A Degree Degree Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex As To Require A Degree
sustained
H-1B
Education
The appeal was sustained because the petitioner successfully established that it normally requires a degree for the preschool teacher positi...
Normally Requires A Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique The Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex
dismissed
H-1B
Higher Education
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'administrative assistant' qualifies as a...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
dismissed
H-1B
Computer Science
Although the AAO found that the petitioner qualified as the beneficiary's employer, the appeal was dismissed because the petitioner failed t...
Employer-Employee Relationship Specialty Occupation Itinerary Of Services Labor Condition Application (Lca)
dismissed
H-1B
Wholesale/Retail
The appeal was dismissed because the petitioner failed to establish that the proffered position of contract administrator qualified 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 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 Is 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
Business Administration
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation. The ben...
Beneficiary Qualifications Work Experience Equivalency To Bachelor'S Degree
dismissed
H-1B
Sales And Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered regional sales manager position qualifies as a specia...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
remanded
H-1B
Education
The director revoked the approved petition, believing the petitioner had not responded to a Notice of Intent to Revoke. On appeal, the petit...
Beneficiary Qualifications Response To Notice Of Intent To Revoke
dismissed
H-1B
Retail Business
The appeal was dismissed because the petitioner failed to establish that the proffered position of branch operations evaluation manager qual...
Normal Minimum Requirement For The Position Is A Bachelor'S Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Education
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Specialty Occupation Failure To State Grounds For Appeal
dismissed
H-1B
Mobility Equipment
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations manager' position qualifies as a specialt...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity/Uniqueness Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
sustained
H-1B
Finance
The appeal was sustained because the AAO found the proposed position qualified as a specialty occupation. The petitioner submitted a detaile...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Associated With A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a sufficient itinerary of services to demonstra...
Employer-Employee Relationship Specialty Occupation Definition Itinerary Of Services
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner, a company engaged in pawning jewelry and goods, failed to establish that the proffered posi...
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
dismissed
H-1B
Software Consulting
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
H-1B Maximum Period Of Stay Recapture Of Time Spent Outside The U.S. Ac-21 Extension Eligibility Procedural Requirements For Appeal (8 C.F.R. § 103.3(A)(L)(V)) Aao Jurisdiction And Humanitarian Grounds
dismissed
H-1B
Dance
The appeal was dismissed because the petitioner, a dance studio, failed to establish that the proffered position of a dance instructor/speci...
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 Is 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
Early Childhood Education
The appeal was rejected as untimely because it was filed 34 days after the decision was issued, exceeding the 33-day deadline. The AAO also ...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
dismissed
H-1B
Legal
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Specialty Occupation Bachelor'S Degree Requirement Industry Standard For The Position Employer'S Normal Degree Requirement Complexity And Uniqueness Of Duties
sustained
H-1B
Software Development
The director denied the petition, finding that the petitioner did not establish it was a U.S. employer or that the position was a specialty ...
Specialty Occupation U.S. Employer Definition U.S. Agent Definition Lca Compliance Employment Itinerary
dismissed
H-1B
Information Technology
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Specialty Occupation Labor Condition Application Failure To State Grounds For Appeal
remanded
H-1B
Management Analysis
The director's decision was withdrawn and the case remanded because the denial was not sufficiently articulated. The director improperly foc...
Specialty Occupation Beneficiary Qualifications Ability To Pay Wage Foreign Degree Evaluation
sustained
H-1B
Construction Management
The director initially denied the petition, arguing that a construction manager position is not a specialty occupation as it does not always...
Normal Degree Requirement For The Position Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Computer Programming
The appeal was dismissed because the petitioner, an employment contractor, failed to provide the required itinerary of definite employment. ...
Employer-Employee Relationship Specialty Occupation Definition Itinerary Of Services
dismissed
H-1B
Software Engineering
The appeal was dismissed because the petitioner, a software consulting firm, failed to establish that the position offered to the beneficiar...
Whether The Position Qualifies As A Specialty Occupation Normal Minimum Requirement Of A Bachelor'S Degree Or Equivalent Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer'S Normal Degree Requirement For The Position Whether The Duties Are So Specialized And Complex As To Require A Degree Itinerary Requirement For Employment At Third-Party Worksites Evidence Of The End-Client'S Job Requirements For Employment Contractors
dismissed
H-1B
Transportation Services
The motion to reconsider was dismissed because it was not timely filed, arriving 41 days after the AAO's previous decision was mailed. The A...
Specialty Occupation Beneficiary Qualifications Timeliness Of Motion Requirements For Motion To Reopen Requirements For Motion To Reconsider
dismissed
H-1B
Computer Support
The appeal was dismissed because the petitioner failed to establish that the proffered position of computer support specialist qualifies as ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the specialty occupation of syste...
Beneficiary Qualifications Degree Equivalency Experience Evaluation 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
dismissed
H-1B
Vending Machine Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of an electrical engineer to service and rep...
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
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proposed Public Relations Director position qualifies as a spec...
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 Is 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
Architecture
The director denied the petition because the beneficiary was not qualified for the proposed 'architect' position, as they lacked the require...
Beneficiary Qualifications Licensure Requirement Specialty Occupation Definition Material Change To Petition
remanded
H-1B
Civil Engineering
The director's decision was withdrawn because the petitioner provided evidence from the state licensing board that the beneficiary's duties ...
Licensure Requirement For Engineers Specialty Occupation Definition Degree As Normal Minimum Requirement Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Construction
The appeal was dismissed because the petitioner failed to establish that the proposed position of architectural project director qualifies 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, 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
dismissed
H-1B
Advertising And Promotions
The appeal was dismissed because the petitioner failed to establish that the proffered position of Advertising and Promotions Analyst qualif...
Normal Degree Requirement For Position Degree Requirement Common To The Industry Position'S Complexity Or Uniqueness Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties
dismissed
H-1B
Sports And Fitness
The appeal was dismissed because the petitioner, a tennis and health club, failed to establish that the proffered position of 'director of e...
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 Is 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
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty ...
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
Financial Services
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) from the Department of Labor ...
Submission Of A Certified Labor Condition Application (Lca) Prior To Filing
dismissed
H-1B
Unknown
The appeal was rejected on procedural grounds because it was filed by the beneficiary, who is not a recognized party to file an appeal. The ...
Proper Party To File An Appeal Maintaining Valid H-1B Status For Extension H-1B Six-Year Limit Exemption (Ac21)
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager qualifies as a special...
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time human resources specialist qu...
(1) Normal Degree Requirement (2) Industry Norm / Complex Position (3) Employer'S Normal Requirement (4) Specialized And Complex Duties
dismissed
H-1B
Travel Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'manager/flight reservations' qualifies a...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Music
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified to perform the duties of a specialty occupatio...
Beneficiary Qualifications Foreign Degree Equivalency Work Experience Equivalency Expert Opinion Letters
dismissed
H-1B
Non-Profit Management
The appeal was dismissed because the petitioner failed to establish that the executive director position qualifies as a specialty occupation...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Accounting
The director denied the petition, concluding that the proffered accountant position was not a specialty occupation because some duties appea...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Position'S Complexity Requiring A Degree Employer Normally Requires A Degree Specialized And Complex Nature Of Duties Beneficiary'S Qualifications
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. As a result, the AAO dismissed the appeal based upon i...
sustained
H-1B
Medicine
The director denied the petition because the beneficiary did not possess the required state medical license. The AAO sustained the appeal, f...
State Licensure For Specialty Occupation Beneficiary Qualifications Requirements Under 8 C.F.R. § 214.2(H)(4)(Iii)(C)
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner, a laundry and dry cleaning business, failed to establish that the proffered position qualif...
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 Is 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
Aviation
The appeal was dismissed because the petitioner, a helicopter training academy, failed to establish that the proffered position of chief fli...
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
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a residential care facility, failed to establish that the proffered accountant position qua...
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 Is 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
Business Operations
The appeal was dismissed because the petitioner failed to establish that the proffered position of business operations analyst 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 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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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