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 7 of 50
remanded
H-1B
Chiropractic Medicine
The director denied the petition, incorrectly finding the beneficiary ineligible as a foreign medical school graduate performing medical ser...
Ineligibility Of Foreign Medical Graduates Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to prove that the proffered position of an administrative assistant with public relat...
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The petitioner's counsel submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO therefore dismissed the appeal based...
sustained
H-1B
Medicine
The director denied the petition because the beneficiary, an anesthesiologist, did not possess a medical license for the state of intended e...
Beneficiary Qualifications Licensure Requirement
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time medical writer/researcher qua...
Normal Degree Requirement For The Position Industry Standard For Similar Positions Employer'S Normal Hiring Requirement For The Position Complexity And Specialization Of Duties
dismissed
H-1B
Purchasing
The appeal was dismissed because the petitioner failed to establish that the proffered position of purchasing agent qualifies as a specialty...
Specialty Occupation Minimum Education Requirements
dismissed
H-1B
Unknown
The appeal was dismissed on procedural grounds without a review of the merits. The dismissal was based on the petitioner's formal request to...
Withdrawal Of Appeal
sustained
H-1B
Animal Science
The director denied the petition, concluding the position of an artificial insemination technician was not a specialty occupation. The AAO s...
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)
sustained
H-1B
Accounting
The director denied the petition, concluding the position resembled that of a bookkeeper rather than a specialty occupation. The AAO sustain...
Specialty Occupation Definition Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Beneficiary'S Educational And Work Experience Equivalency
sustained
H-1B
Accounting
The director denied the petition, concluding the proposed part-time accountant role consisted of basic bookkeeping duties not qualifying as ...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The 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 Duties Is So Specialized And Complex
dismissed
H-1B
Unknown
The appeal was dismissed because counsel for the petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The decis...
dismissed
H-1B
Dentistry
The appeal was rejected because it was filed untimely. The director's decision was mailed on May 20, 2004, but the appeal was received 35 da...
Timeliness Of Appeal Motion To Reopen Or Reconsider
remanded
H-1B
Dentistry
The director denied the petition after concluding the 'dental researcher' position was equivalent to a dental assistant, an occupation not r...
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.
sustained
H-1B
Animal Science
The director denied the petition, concluding the proffered position of artificial insemination technician was not a specialty occupation. Th...
Baccalaureate Or Higher Degree Is Minimum Requirement For Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner, a small residential care facility, failed to establish that the proffered part-time account...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Radiology
The appeal was summarily dismissed because the petitioner and its counsel failed to identify any specific erroneous conclusion of law or sta...
Specialty Occupation
dismissed
H-1B
Procurement
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 Common Degree Requirement In Industry Employer Normally Requires Degree Specialized And Complex Duties
dismissed
H-1B
Telecommunications
The motion to reopen or reconsider was dismissed because the petitioner failed to provide new facts or demonstrate that the previous decisio...
Specialty Occupation Definition Bachelor'S Degree Requirement Industry Standard
dismissed
H-1B
Management Analysis
The appeal was dismissed because the beneficiary was found not qualified to perform the duties of the proffered specialty occupation, manage...
Beneficiary Qualifications Specialty Occupation Requirements Degree Equivalency Work Experience Evaluation
sustained
H-1B
Medicine
The director initially denied the petition because the beneficiary, an anesthesiologist, did not possess a state license to practice medicin...
State Licensure Beneficiary Qualifications
dismissed
H-1B
Electrical Engineering
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The dir...
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
Restaurant/Event Management
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'events specialist' qualifies as a specialty ...
Normal Minimum Requirement Of 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
Electronics Contracting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'electronics communications bidding analy...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Software Development
The appeal was rejected as untimely filed. The petitioner filed the appeal 35 days after the director's decision was mailed, exceeding the 3...
Timely Filing Of Appeal Motion To Reopen Or Reconsider
sustained
H-1B
Accounting
The appeal was sustained because the AAO found that the proffered position was an accountant, which qualifies as a specialty occupation. The...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Beneficiary Qualifications
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the Form I-129 ...
Certified Labor Condition Application (Lca) Prior To Filing
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of a Japanese chef qualifies as a specialty ...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are So Specialized And Complex As To Require A Degree
dismissed
H-1B
Software Development
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner indicated a brief would b...
Specialty Occupation Failure To State Basis For Appeal
dismissed
H-1B
Beauty Services
The appeal was dismissed because the petitioner, a company providing beauty services and products, failed to establish that the proffered po...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Duties' Complexity Requires Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant/auditor 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 The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner, a pet hotel and spa, failed to establish that the proffered manager position qualifies 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 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
Legal Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of researcher/legal assistant qualifies as a...
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Beneficiary Qualifications
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies as a specialty o...
Degree Is Normal Minimum Requirement For The Position Degree Is Common To The Industry Position'S Duties Are So Specialized And Complex They Require A Degree Employer Normally Requires A Degree
dismissed
H-1B
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of public relations manager qualifies as a s...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
dismissed
H-1B
Transportation
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact m...
Specialty Occupation Failure To Identify Error On Appeal
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of Human Resources Manager qualifies as a sp...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of Duties
dismissed
H-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical researcher qualifies as a special...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The Degree Requirement Is Common To The Industry The Employer Normally Requires A Degree For The Position The Nature Of The Duties Are Specialized And Complex Beneficiary'S Qualifications And Licensure
dismissed
H-1B
Software Development
The appeal was summarily dismissed for procedural reasons. The petitioner failed to file a supporting brief or to specifically identify any ...
Failure To State Basis For Appeal Specialty Occupation
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 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
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of public relations manager qualifies as a s...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies 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
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered position of Human Resources Manager 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 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
Legal Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of researcher/legal assistant qualifies as a...
Specialty Occupation Definition Normal Minimum Requirement Of A Baccalaureate Degree For The Position Degree Requirement Common To The Industry Beneficiary'S Qualifications
dismissed
H-1B
Hospitality Management
The appeal was dismissed because the petitioner, a pet hotel and spa, failed to demonstrate that the proffered manager position qualifies as...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of assistant manager at a restaurant qualifi...
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique/Complex Position Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualified as a specialty occupati...
Normal Degree Requirement For Position Industry Standard Or Position Complexity Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Beauty Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager for a beauty services ...
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher 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
Medical Instrumentation
The appeal was summarily dismissed because the petitioner failed to resolve significant inconsistencies in the record regarding its number o...
Failure To Resolve Inconsistencies In Evidence Failure To State Grounds For Appeal
dismissed
H-1B
Food Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified for the specialty occupation. The AAO ...
Beneficiary Qualifications For A Specialty Occupation Equivalence To A U.S. Baccalaureate Degree Evaluation Of Foreign Education Evaluation Of Work Experience Three-For-One Rule (Experience For Education)
dismissed
H-1B
Translation
The appeal was dismissed because the petitioner failed to establish that the proffered position of an interpreter/translator qualifies 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
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'services program director' 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 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
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of a Japanese chef 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.
sustained
H-1B
Software Development
The appeal was sustained because the 6-year period of authorized admission for an H-1B nonimmigrant only accrues during periods when the ali...
6-Year Maximum Period Of Stay Recapture Of Time Spent Abroad
sustained
H-1B
Software Development
The appeal was sustained because the AAO determined that the six-year maximum period of H-1B admission only accrues during periods when the ...
Maximum Period Of Stay Recapture Of Time Spent Abroad
dismissed
H-1B
Education
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) from the Department of Labor ...
Certified Labor Condition Application (Lca) Prior To Filing
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the position of ground school manager qualifies as a specialty occu...
Normal Minimum Requirement Of A Bachelor'S Degree Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex As To Require A Degree
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant/auditor position qualifies as a specialty ...
Normal Degree Requirement For Position Common Industry Degree Requirement Employer Normally Requires Degree Specialized And Complex Duties
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 Position Degree Requirement Common To Industry Position'S Complexity Or Uniqueness Specialized And Complex Nature Of Duties
dismissed
H-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the proffered position of ground school manager qualifies as a spec...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Duties Are So Specialized And Complex That A Degree Is Required
dismissed
H-1B
Computer Networking
The appeal was dismissed because the petitioner, a computer networking business, failed to prove that the proffered position of a network sy...
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
Public Relations
The appeal was dismissed because the petitioner failed to establish that the proffered position of an administrative assistant with public r...
Normal Minimum Requirement For The Position Is A Baccalaureate Or Higher 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 Knowledge Associated With A Degree
dismissed
H-1B
Unknown
The petitioner submitted a letter to the AAO requesting that the appeal be withdrawn. The AAO subsequently dismissed the appeal based upon t...
Withdrawal Of Appeal
dismissed
H-1B
Medical Instrumentation
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Failure To Identify Erroneous Conclusion Of Law Or Fact Inconsistencies In The Record Burden Of Proof
dismissed
H-1B
Medical Writing
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical writer/researcher qualifies as a ...
Normal Minimum Requirement Of A Bachelor'S Degree Industry Standard Degree Requirement Or Position Complexity Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Interpretation And Translation
The appeal was dismissed because the petitioner failed to establish that the proffered interpreter/translator position qualified as a specia...
Baccalaureate Or Higher Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Nature Of The Duties Are So Specialized And Complex That They Require A Degree Beneficiary'S Qualifications
dismissed
H-1B
Medical Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical researcher qualified as a special...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Hiring Requirement For The Position Specialized And Complex Nature Of The Duties Beneficiary'S Qualifications (Licensure)
sustained
H-1B
Software Development
The director denied the petition, believing the beneficiary's H-1B status had expired before the extension was filed. The AAO sustained the ...
H-1B Six-Year Limit Ac21 Extension Beyond Six Years Pending Labor Certification For 365+ Days Timely Filing Of Extension Petition
dismissed
H-1B
Healthcare Services
The appeal was dismissed because the petitioner, a health organization, failed to establish that the proffered position of 'services program...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Require Degree
dismissed
H-1B
Food Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the equivalent of a U.S. bachelor's degre...
Beneficiary Qualifications Educational Equivalency Work Experience Equivalency
dismissed
H-1B
Market Research
The appeal was rejected because it was improperly filed by the beneficiary's counsel, not the petitioner. Regulations prohibit a beneficiary...
Specialty Occupation Improper Filing Of Appeal
sustained
H-1B
Healthcare
The director initially denied the petition, questioning the authenticity of the job offer based on perceived wage inconsistencies with a pre...
Specialty Occupation Definition Beneficiary'S Qualifications Bona Fide Job Offer Material Change In Employment
dismissed
H-1B
Market Research
The appeal was dismissed because the petitioner failed to establish that the proposed position of market research analyst qualified as a spe...
Bachelor'S Degree Is Normal Minimum Requirement For The Position 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
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the proffered part-time accountant position qualified 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, 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
Computer Science
The appeal was dismissed because the petitioner failed to establish that the proffered position of systems analyst/programmer qualifies 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 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
Accounting
The director initially denied the petition, finding the proffered accountant position did not qualify as a specialty occupation. The AAO sus...
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
Health Services Management
The appeal was dismissed because the petitioner, an assisted living facility, failed to establish that the proffered position of 'night shif...
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
Equestrian
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the position. Specifically, the petitioner...
Beneficiary Qualifications Specialty Occupation Educational Equivalency
sustained
H-1B
Business Management
The appeal was sustained upon reconsideration because the AAO found the beneficiary qualified to perform the services of a management analys...
Beneficiary Qualifications Specialty Occupation Educational Equivalence Work Experience Equivalence
dismissed
H-1B
Computer Security
The appeal was dismissed because the record failed to establish that the proffered position of computer security analyst 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
Healthcare Administration
The appeal was dismissed because the petitioner failed to establish that the proffered position of coordinator for patient support services,...
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 Them Is Usually Associated With A Baccalaureate Or Higher Degree.
sustained
H-1B
Pharmacy
The director denied the petition, finding that the 'pharmacist intern' position was equivalent to a pharmacy technician, which does not requ...
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
Internet Technology
The director initially denied the petition because the beneficiary's labor certification had not been pending for 365 days at the time the H...
H-1B Six-Year Limit Ac21 Extension 365-Day Pending Labor Certification
sustained
H-1B
Software Engineering
The initial denial was based on the petitioner's failure to provide job responsibilities from the actual end-client. On appeal, the petition...
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
Accounting
The director initially denied the petition based on a perceived lack of credibility, citing a discrepancy between the number of employees li...
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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
remanded
H-1B
Physical Therapy
The director revoked the previously approved petition, asserting that the petitioner had altered documents and made misleading statements, t...
Specialty Occupation Beneficiary Qualifications Licensure Requirement Wage Requirements Document Authenticity
sustained
H-1B
Aviation
The director initially denied the petition, asserting that a flight instructor position is not typically a specialty occupation. The appeal ...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
sustained
H-1B
Film Production
The appeal was sustained because the AAO found that the proffered position of film and video director qualified as a specialty occupation. W...
Specialty Occupation Definition Baccalaureate Degree Or Equivalent Normally Required Degree Requirement Common To Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Beneficiary'S Qualifications
dismissed
H-1B
Education
The appeal was dismissed because the petitioner, a teacher recruitment and placement company, failed to establish that a specific, valid tea...
Specialty Occupation Definition Employer-Employee Relationship Existence Of A Valid Position At Time Of Filing
dismissed
H-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies as a specialty o...
Normal Degree Requirement For Position Common Degree Requirement In Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Restaurant Management
The appeal was dismissed because the petitioner, a restaurant, failed to establish that the proffered position of general manager qualifies ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, 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
Healthcare
The appeal was dismissed because the beneficiary was not qualified to perform the duties of the specialty occupation. Although the AAO found...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Computer Security
The appeal was dismissed because the petitioner, a clinical psychology clinic, failed to establish that the proffered position of 'computer ...
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
Clothing Industry
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'business analyst' qualified as a special...
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupati...
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
Fine Art Gallery
The director denied the petition because the proffered position of operations manager was not considered a specialty occupation. The AAO dis...
Specialty Occupation Failure To Identify Error On Appeal
dismissed
H-1B
Construction Management
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'construction and safety manager' qualifi...
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 Programming
The appeal was dismissed because the petitioner failed to establish that the part-time computer programmer 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 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 proffered programmer analyst position qualifies as a specialty ...
Employer-Employee Relationship Specialty Occupation
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'quality assurance coordinator' position qualifies ...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations. The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Nature Of The Specific Duties Are So Specialized And Complex That The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
dismissed
H-1B
Marketing
The appeal was dismissed because the petitioner failed to establish that the proffered position of marketing and publicity manager qualifies...
Normal Degree Requirement For The Position 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
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