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 6 of 50
dismissed
H-1B
Government Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'bidding analyst' qualifies as a specialt...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
remanded
H-1B
Accounting
The director denied the petition, concluding the proffered accountant role was not a specialty occupation because it included bookkeeping du...
Normal Minimum Degree Requirement For The Position Industry Standard Degree Requirement Or Position'S Complexity Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex Requiring A Degree
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner, a convalescent hospital, failed to establish that the proffered position of Public Relation...
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
Human Resources
The appeal was dismissed because the petitioner, a small fast-food restaurant business, failed to establish that the proffered position of H...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Real Estate
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial analyst qualifies as a specialt...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small wholesaler of home electronics, failed to establish that the proffered accountant p...
Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner, a seafood restaurant, failed to establish that the proffered position of 'food service mana...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner submitted a formal letter to the AAO requesting that the ...
Withdrawal Of Appeal
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered budget accountant position qualifies as a specialty o...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Business Operations
The appeal was dismissed because the petitioner failed to establish that the proffered 'business operations analyst' position qualifies as a...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that their appeal be withdrawn. The AAO's decision was therefore not based on the me...
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered 'account manager' position qualifies as a specialty o...
Position Normally Requires A Bachelor'S Degree Or Equivalent Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree Beneficiary'S Qualifications To Perform A Specialty Occupation
dismissed
H-1B
Import/Export
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation under an...
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
Unknown
The appeal was dismissed because the petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The decision was not ...
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO dismissed the appeal based upon this request f...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Automotive Repair
The appeal was dismissed because the petitioner failed to establish that the proffered position of an auto electrical technician qualifies a...
Degree Is Normal Minimum Requirement Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Culinary Arts
The motion to reopen or reconsider was dismissed because it did not meet the applicable requirements. The petitioner failed to present new, ...
Specialty Occupation Beneficiary Qualifications Motion To Reopen Motion To Reconsider
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner failed to prove that the proffered position of Assistant Manager at a restaurant qualifies a...
Normal Degree Requirement For Position Degree Common To Industry / Position Is Complex Or Unique Employer Normally Requires Degree Duties Are Specialized And Complex
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
Automotive Repair
The appeal was dismissed because the petitioner, an auto electrical repair business, failed to demonstrate that the proffered position of 'a...
Normal Degree Requirement For Position Industry Standard For Similar Positions Position Is So Complex Or Unique It Requires A Degree Employer'S Normal Hiring Requirement For The Position Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a fast food franchise, failed to establish that the proffered position of a part-time accou...
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
Transportation
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of l...
Specialty Occupation Failure To Identify Error On Appeal
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'accounting executive' 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 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
sustained
H-1B
Automotive Engineering
The appeal was sustained because the director incorrectly determined that the beneficiary's labor certification application had been denied....
H-1B Extension Beyond 6 Years Ac21 Eligibility Pending Labor Certification
sustained
H-1B
Automotive Engineering
The appeal was sustained because the director misinterpreted evidence concerning the beneficiary's labor certification application. The dire...
H-1B Extension Beyond 6 Years Ac21 Eligibility Pending Labor Certification
sustained
H-1B
Medicine
The appeal was sustained because the AAO found that extenuating circumstances excused the beneficiary's failure to complete his three-year e...
Extenuating Circumstances For Early Termination Of Employment J-1 Waiver 2-Year Home Country Residence Requirement 3-Year Employment Requirement In A Designated Shortage Area Hardship To The Alien Labor Condition Application (Lca) Violation
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 of 'el...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of Public Relations Specialist qualifies as ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It 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.
sustained
H-1B
Medicine
The appeal was sustained because the AAO found the beneficiary faced extenuating circumstances that excused the early termination of his pre...
Extenuating Circumstances For Early Termination Of Employment J-1 Waiver 3-Year Service Requirement Breach Of Contract Labor Condition Application (Lca) Violation
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO on September 6, 2005, requesting that the appeal be withdrawn. The AAO dismissed the appeal bas...
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...
Beneficiary Qualifications State Licensure Requirement
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the proffered position of chief flight instructor qualifies as a sp...
Normal Minimum Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Business Operations
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time business operations analyst a...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex
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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of accountant/financial 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 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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
remanded
H-1B
Education
The director denied the petition, finding the petitioner had not established it was a U.S. employer. The AAO found the petitioner, a public ...
Whether The Position Qualifies As A Specialty Occupation Whether The Petitioner Is A United States Employer Whether The Beneficiary Is Qualified For The Position Whether The Labor Condition Application (Lca) Requirement Was Met
dismissed
H-1B
Chemical Engineering
The appeal was dismissed because the beneficiary was found not qualified to perform services in a specialty occupation. The beneficiary did ...
Beneficiary Qualifications For Specialty Occupation Foreign Degree Equivalency Work Experience And Education Equivalency Evaluation Of Credentials
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified for the specialty occupation. The AAO ...
Beneficiary Qualifications Equivalency To Degree Through Experience Credentials Evaluation Expert Opinion Letters
dismissed
H-1B
Aircraft Maintenance
The director's denial was affirmed because the petitioner failed to establish that the proffered position of 'field maintenance engineer' qu...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered hotel manager position qualifies as a specialty occup...
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
Restaurants
The appeal was dismissed because the petitioner, a chain of fast food restaurants, failed to establish that the proffered accountant positio...
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
Culinary Arts
The motion to reopen or reconsider was dismissed because the petitioner failed to meet the applicable requirements. The petitioner did not p...
Specialty Occupation Beneficiary Qualifications Motion To Reopen Motion To Reconsider
dismissed
H-1B
Computer Technology
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'sales representative' 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 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
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time budget analyst is a specialty...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That It Requires A Degree
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of programmer analyst qualified as a special...
Specialty Occupation Definition Employer-Employee Relationship
dismissed
H-1B
Health And Beauty Products
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualifies as a sp...
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
Insurance
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'construction/property consultant' 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
Healthcare Administration
The appeal was dismissed because the beneficiary, who holds the equivalent of a U.S. bachelor's degree in Physical Therapy, was not qualifie...
Beneficiary Qualifications For A Specialty Occupation Whether The Proffered Position Is A Specialty Occupation
dismissed
H-1B
Healthcare Administration
The appeal was dismissed because the beneficiary was found not qualified for the specialty occupation. The beneficiary's degree in physical ...
Beneficiary'S Qualifications For A Specialty Occupation Whether The Proffered Position Qualifies As A Specialty Occupation
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish two key points. First, the evidence did not prove that the proffered pos...
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Employer-Employee Relationship
remanded
H-1B
Architecture
The director's decision was withdrawn and the case was remanded. The AAO found that the proffered 'project manager' position qualified as 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 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 failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Minimum Requirement Of A Bachelor'S Degree 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
Unknown
The appeal was dismissed on procedural grounds. The petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdra...
dismissed
H-1B
Customs Brokerage
The appeal was dismissed because the petitioner, a customs brokerage firm, failed to demonstrate that the proffered position of Business Ope...
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
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of accountant/financial 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 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
Diamond Trade
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'import director' 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 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 sporting goods company, failed to establish that the proffered part-time accountant posit...
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
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The dismiss...
dismissed
H-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of a hotel manager qualifies as a specialty ...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
dismissed
H-1B
Aircraft Maintenance
The AAO affirmed the director's denial, concluding that the proffered 'field maintenance engineer' position did not qualify as a specialty o...
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
Computer Sales
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales representative' position qualifies as a specia...
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 Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of budget analyst qualified as a specialty o...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a chain of fast food restaurants, failed to demonstrate that the proffered accountant posit...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Requirement For A Degree Duties Are So Specialized And Complex To Require A Degree
dismissed
H-1B
Chemical Engineering
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary is qualified to perform services in a specialty o...
Beneficiary Qualifications Specialty Occupation Degree Equivalency Work Experience Evaluation Combination Of Education And Experience
remanded
H-1B
Education
The director initially denied the petition, finding the petitioner had not established it was a valid U.S. employer. On appeal, the petition...
Specialty Occupation Definition U.S. Employer Status Beneficiary'S Qualifications Labor Condition Application (Lca) Requirements
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform the duties of the specialty...
Beneficiary Qualifications Equivalence To A U.S. Baccalaureate Degree Evaluation Of Foreign Education Evaluation Of Work Experience
dismissed
H-1B
Government Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of bidding analyst qualifies as a specialty ...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 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
Health And Beauty Care
The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualified as a sp...
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 small home electronics wholesaler, failed to establish that the proffered accountant posi...
Normal Degree Requirement For Position Industry Standard Or Unique Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Restaurant
The appeal was dismissed because the petitioner, a fast-food restaurant business with two locations, failed to establish that the proffered ...
Normal Degree Requirement Industry Standard Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Food Service
The appeal was dismissed because the petitioner, a seafood restaurant, failed to establish that the proffered position of 'food service mana...
Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner submitted a letter to the AAO on July 19, 2004, requesting that the appeal be withdrawn. The...
remanded
H-1B
Dentistry
The director denied the petition, concluding the 'dental researcher' position was not a specialty occupation and was similar to a dental ass...
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, a senior retirement facility, failed to establish that the proffered position of business o...
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
Unknown
The appeal was dismissed because the petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO did not revie...
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 this ...
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered position of budget accountant 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 The 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
Business
The appeal was dismissed because the petitioner failed to establish that the proffered position of account manager 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 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 Beneficiary'S Qualifications To Perform The Services Of A Specialty Occupation
sustained
H-1B
Accounting
The director denied the petition, arguing the proffered part-time accountant role was not a specialty occupation because the duties resemble...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Requirement For A Degree Duties Are Specialized And Complex
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
Normal Degree Requirement Industry Standard Or Position Complexity Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter requesting that the appeal be withdrawn. The dismissal was not ...
dismissed
H-1B
Dentistry
The appeal was rejected and dismissed as untimely filed. The petitioner filed the appeal 35 days after the director's decision was mailed, e...
Timeliness Of Appeal Motion To Reopen Or Reconsider
dismissed
H-1B
Unknown
The petitioner's counsel submitted a letter requesting that the appeal be withdrawn. The appeal was subsequently dismissed based on this wit...
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner, through their counsel, submitted a letter to the AAO to withdraw the appeal. The dismissal ...
dismissed
H-1B
Restaurant/Events Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'events specialist' qualifies as a specia...
Normal Minimum Entry Requirement Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small residential care facility, failed to demonstrate that the proffered part-time accou...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Telecommunications
The motion to reopen or reconsider was dismissed. The petitioner failed to provide new facts, as required for a motion to reopen, and did no...
Specialty Occupation Bachelor'S Degree Requirement Industry Standard Motion To Reopen Motion To Reconsider
dismissed
H-1B
Government Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'bidding analyst' 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. 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 Development
The appeal was rejected and dismissed as untimely filed. The petitioner filed the appeal 35 days after the director's decision was mailed, e...
Timeliness Of Appeal Motion To Reopen/Reconsider
dismissed
H-1B
Radiology
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to submit a brief or evidence identifying any spec...
Specialty Occupation Failure To State Grounds For Appeal
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a fast food franchise, failed to establish that the proffered position of an in-house accou...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Electronics
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'electronics communications bidding analy...
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
Electrical Engineering
The appeal was dismissed because the petitioner failed to prove that the proffered position qualified as a specialty occupation. The directo...
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
sustained
H-1B
Software Development
The appeal was sustained because the AAO determined that the six-year maximum period of authorized stay for an H-1B nonimmigrant only accrue...
Maximum Period Of Stay Recapturing Time Spent Abroad
sustained
H-1B
Software Development
The director denied the petition, believing it was filed after the beneficiary's H-1B status had expired. The AAO sustained the appeal becau...
H-1B Six-Year Limit Ac21 Extension Eligibility Pending Labor Certification For 365+ Days Timely Filing Of Extension Petition
dismissed
H-1B
Computer Networking
The appeal was dismissed because the petitioner, a computer networking business, failed to establish that the proffered position of a networ...
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
Music
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'music assistant/administrative assistant...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Management Analysis
The appeal was dismissed because the beneficiary was not found qualified to perform the duties of the specialty occupation, management analy...
Beneficiary Qualifications For A Specialty Occupation Possession Of A Required U.S. Baccalaureate Or Higher Degree Possession Of An Equivalent Foreign Degree Equivalence To A Degree Through A Combination Of Education, Training, And/Or Experience Evaluation Of Foreign Educational Credentials Evaluation Of Work Experience By A University Official
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