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)
25777 total decisions
Page 10 of 258
dismissed
EB-1A
Mixed Martial Arts
The motion to reopen was dismissed primarily on procedural grounds, as the petitioner failed to submit a required statement about any judici...
Prizes Or Awards Published Material
remanded
EB-3
Carpentry
The petition was remanded because the director's initial denial contained errors in calculating the proffered wage. The AAO conducted a de n...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, an Italian restaurant, failed to demonstrate its continuing ability to pay the beneficiary ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Media And Advertising
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage of $59,051 per year fro...
Ability To Pay Proffered Wage
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner, a board and care facility, failed to demonstrate a continuing ability to pay the proffered ...
Ability To Pay Proffered Wage
dismissed
EB-3
Automotive Repair
The appeal was dismissed because an overseas investigation revealed that the beneficiary's claimed prior work experience was fraudulent. The...
Beneficiary'S Prior Work Experience Petitioner'S Ability To Pay Proffered Wage
remanded
EB-3
Electronics
The director denied the petition for failing to submit an original labor certification. The AAO remanded the case because the petitioner exp...
Submission Of Original Labor Certification
dismissed
EB-3
Unknown
The petitioner, through counsel, requested that the appeal be withdrawn. The AAO dismissed the appeal based on this withdrawal request.
remanded
EB-3
Culinary Arts
The appeal was remanded for further review of the petitioner's ability to pay the proffered wage, which was the basis for the initial denial...
Ability To Pay Proffered Wage Net Income Net Current Assets Skilled Worker Classification
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. T...
Ability To Pay The Proffered Wage
dismissed
EB-3
Agriculture
The appeal was dismissed because the petitioner, a biological and agricultural consulting business, failed to demonstrate its ability to pay...
Ability To Pay The Proffered Wage
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner, a supermarket, failed to establish its continuing ability to pay the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary the proffered wage. The AAO analyze...
Ability To Pay Proffered Wage
dismissed
EB-3
Travel
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The director determined, and the ...
Ability To Pay Proffered Wage
remanded
EB-3
Skilled Worker
The appeal was remanded on procedural grounds. The director provided the petitioner with incorrect instructions regarding the deadline to ap...
Timeliness Of Appeal Appeal Treated As Motion To Reopen Or Reconsider Jurisdiction Over Motions
dismissed
EB-3
Internet Security
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date....
Ability To Pay Proffered Wage
dismissed
EB-3
Property Management
The appeal was dismissed because the petitioner, a property management company, failed to demonstrate its ability to pay the proffered wage ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The director determined that the ...
Ability To Pay The Proffered Wage
sustained
EB-3
Software Development
The director denied the petition, concluding the petitioner had not established the continuing ability to pay the proffered wage based on ta...
Ability To Pay Proffered Wage
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage of $70,000 per year, ...
Ability To Pay
remanded
EB-3
Culinary Arts
The director revoked the petition based on an embassy memorandum which questioned the beneficiary's qualifications, including her English pr...
Beneficiary'S Qualifications Labor Certification Requirements Language Proficiency Bona Fide Job Offer
dismissed
EB-3
Beautician
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage, as required. The direc...
Ability To Pay Proffered Wage
dismissed
EB-3
Collections Agency
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Proffered Wage Beneficiary'S Work Experience
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage of $72,000 per year, as required f...
Ability To Pay The Proffered Wage
dismissed
EB-3
Broadcasting
The appeal was rejected because it was untimely filed. Although the petitioner submitted the appeal form within the deadline, it was accompa...
Timeliness Of Appeal Correct Filing Fee
sustained
EB-3
Nursing
The director initially denied the petition because the evidence of the job posting did not meet the regulatory requirement that it be posted...
Schedule A Labor Certification Notice Of Filing Application For Permanent Employment Certification Posting Notice For 10 Consecutive Business Days Posting Notice Between 30 And 180 Days Before Filing The Application Content And Location Of Posted Notice
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the beneficiary the proff...
Ability To Pay Proffered Wage
dismissed
EB-3
Jewelry
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate a continuing ability to pay the proffered wage...
Ability To Pay The Proffered Wage Sole Proprietorship Financial Analysis
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met all the special requirements listed on the la...
Beneficiary'S Qualifying Experience/Training Certification As An Insulation Installer By The National Association Of Home Builders Research Center Certification As A Forklift Driver
dismissed
EB-3
Mechanical Engineering
The petition was denied because the petitioner, a poly-packaging manufacturer, failed to establish its continuing ability to pay the proffer...
Ability To Pay Proffered Wage
dismissed
EB-3
Law
The appeal was dismissed because the director determined the petition was potentially fraudulent, as the petitioner's owners had pled guilty...
Ability To Pay Proffered Wage Validity Of Job Offer Fraud
dismissed
EB-3
Ostrich Farming
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Commercial Cleaning
The appeal was dismissed because the petitioner, a commercial cleaning company, failed to demonstrate its continuing ability to pay the prof...
Ability To Pay Proffered Wage
remanded
EB-3
Construction
The director revoked a previously approved petition after the petitioner failed to respond to a Notice of Intent to Revoke. The petitioner f...
Bona Fide Job Offer Response To Notice Of Intent To Revoke Motion To Reopen
dismissed
EB-3
Culinary
The initial petition was denied because the director determined the petitioner had not established its ability to pay the proffered wage. Th...
Ability To Pay Proffered Wage Failure To Identify Error On Appeal
dismissed
EB-3
Graphic Design
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date forward. ...
Ability To Pay Proffered Wage
remanded
EB-3
Healthcare
The director invalidated the labor certification, finding it was procured by fraud or willful misrepresentation, and subsequently denied the...
Valid Labor Certification Fraud Or Willful Misrepresentation
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the proffered wage from the...
Ability To Pay Proffered Wage
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner, a software consulting company, failed to establish that it was offering a genuine full-time...
Full-Time Permanent Employment Employer-Employee Relationship Professional Qualifications
dismissed
EB-3
Computer Consulting
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date until the...
Ability To Pay Proffered Wage Nseers Compliance
dismissed
EB-3
Mechanical Engineering
The AAO intended to dismiss the appeal because an independent educational evaluation determined the beneficiary's foreign diploma was equiva...
Educational Requirements Bachelor'S Degree Equivalency Willful Misrepresentation
dismissed
EB-3
Auto Repair
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. T...
Ability To Pay The Proffered Wage
dismissed
EB-3
Computer Science
The director denied the petition after determining the petitioner failed to establish its ability to pay the proffered wage from the priorit...
Ability To Pay Proffered Wage
dismissed
EB-3
Computer Science
The initial petition approval was revoked due to the involvement of an attorney convicted of widespread immigration fraud, which raised ques...
Bona Fide Job Offer Authorized Signature Validity Of Labor Certification Good And Sufficient Cause For Revocation
sustained
EB-3
Supermarket
The appeal was sustained because the petitioner submitted new and amended financial evidence on appeal, including corrected corporate tax re...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a care facility with a capacity for six residents, failed to establish that a bona fide, pe...
Existence Of A Permanent, Full-Time Position Bona Fide Nature Of The Job Offer Consistency Of Job Duties With Labor Certification Resolution Of Inconsistencies In The Record
dismissed
EB-3
Chinese Cuisine
The appeal was dismissed because the petitioner failed to prove that the beneficiary was qualified for the position of Chinese specialty coo...
Beneficiary'S Qualifications For The Proffered Position
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner, a restaurant, failed to establish its continuing ability to pay the beneficiary the proffer...
Ability To Pay Proffered Wage
dismissed
EB-3
Medical Services
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner submitted a letter to the Administrative Appeals Office withdrawing the appeal. Per 8 C.F.R....
Withdrawal Of Appeal
dismissed
EB-3
Nursing
The director initially denied the petition due to the petitioner's failure to establish that the job offer was for a permanent, full-time po...
Permanent Full-Time Position Ability To Pay Proffered Wage Schedule A Requirements For Nurses Notice Of Filing Posting
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner, a software development business, failed to establish its continuing ability to pay the prof...
Ability To Pay Proffered Wage
dismissed
EB-3
Stone Restoration
The director denied the petition because the petitioner failed to demonstrate a continuing ability to pay the proffered wage. The AAO dismis...
Ability To Pay Proffered Wage Successor-In-Interest
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage startin...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to meet the regulatory requirements for a Schedule A labor certification. The directo...
Schedule A Labor Certification Notice Of Filing Posting Period In-House Media Notification Business Days Definition Ability To Pay
dismissed
EB-3
Telecommunications
The appeal was dismissed because the director found substantial evidence that the beneficiary had previously engaged in a fraudulent marriag...
Marriage Fraud (Section 204(C)) Beneficiary'S Qualifying Experience Misrepresentation (Section 212(A)(6)(C)(I))
dismissed
EB-3
Hospitality
The appeal was dismissed because the petitioner, a motel, failed to establish its continuing ability to pay the proffered wage from the prio...
Ability To Pay Proffered Wage
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the required two years of experience as of the ...
Beneficiary'S Qualifications Meeting Labor Certification Requirements Required Work Experience Documentation Of Experience
dismissed
EB-3
Bakery
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
remanded
EB-3
Jewelry Manufacturing
The appeal was rejected because it was filed untimely, 26 days after the decision was issued instead of within the required 15-day period. T...
Timeliness Of Appeal Motion To Reconsider Beneficiary'S Requisite Experience
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage from t...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a healthcare staffing company, failed to establish its continuing ability to pay the proffe...
Ability To Pay Permanent Full-Time Employment Employer-Employee Relationship Schedule A Classification
dismissed
EB-3
Horticulture
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date....
Ability To Pay Proffered Wage
dismissed
EB-3
Hvac
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Technology
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority dat...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed for procedural reasons. The petitioner voluntarily requested that the appeal be withdrawn before the AAO could rend...
sustained
EB-3
Recreation Facility Management
The director denied the petition for failing to establish the ability to pay the proffered wage. The AAO sustained the appeal, finding that ...
Ability To Pay Proffered Wage
remanded
EB-3
Nursing
The director initially denied the petition because the notice of filing was not posted within the required 30 to 180-day window before the p...
Schedule A Labor Certification Notice Of Filing Requirement Posting Period Timing Prevailing Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the beneficiary was found to be statutorily ineligible for the approval of the petition under section 204(c...
Ina 204(C) Marriage Fraud Bar
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay The Proffered Wage
sustained
EB-3
Manufacturing
The petition was initially denied because the Director found the petitioner had not established a continuing ability to pay the proffered wa...
Ability To Pay Proffered Wage
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Accounting
The director denied the petition because the petitioner attempted to substitute a new beneficiary onto a labor certification that had alread...
Valid Labor Certification Beneficiary Substitution Professional Classification Requirements Beneficiary Qualifications Petitioner'S Ability To Pay Wage
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage to the...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed for procedural reasons, not on its merits. Before the AAO could render a decision, the petitioner requested to with...
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority dat...
Ability To Pay Proffered Wage
dismissed
EB-3
Glass Installation
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate the continuing ability to pay the proffered wa...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petition was filed on March 28, 2005, the effective date of the new PERM regulations. The petitioner fa...
Prevailing Wage Determination (Pwd) Notice Of Filing Priority Date / Perm Applicability
dismissed
EB-3
Unknown
The petitioner's counsel submitted a letter requesting to withdraw the appeal. The AAO accepted the withdrawal and accordingly dismissed the...
Withdrawal Of Appeal
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner, a convenience store, failed to establish its continuing ability to pay the proffered wage f...
Ability To Pay Proffered Wage
dismissed
EB-3
Jewelry
The appeal was dismissed because the petition's initial approval was revoked based on an overseas investigation that found the beneficiary's...
Work Experience Verification Labor Certification Requirements Priority Date Eligibility Fraud
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The petitioner sought the withdraw...
dismissed
EB-3
Landscaping
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority dat...
Ability To Pay The Proffered Wage
remanded
EB-3
Rug Repair
The appeal was remanded because the AAO found it possible that the petitioner, through its counsel, did not receive the Notice of Intent to ...
Receipt Of Notice Of Intent To Revoke (Noir) Opportunity To Rebut Derogatory Information
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum requirement of two years of experie...
Beneficiary'S Qualifications Proof Of Required Experience
dismissed
EB-3
Flooring
The appeal was dismissed because the petitioner failed to prove that the beneficiary possessed the two years of required experience as a flo...
Beneficiary'S Requisite Experience Experience Verification Letters
dismissed
EB-3
Insulation Installation
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the special requirements listed on the certif...
Beneficiary Qualifications Experience Requirements Special Requirements (Certifications)
dismissed
EB-3
Machine Shop
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date....
Ability To Pay The Proffered Wage Successor-In-Interest Beneficiary'S Qualifying Experience
dismissed
EB-3
Hvac/Refrigeration
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. T...
Ability To Pay Proffered Wage Successor-In-Interest
remanded
EB-3
Manufacturing
The Director improperly denied the petitioner's request to change the visa classification from 'professional' to 'skilled worker' to correct...
Change Of Classification Beneficiary'S Qualifications Ability To Pay
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the labor certification contained contradictory language regarding the job's minimum requirements; it simul...
Job Requires Bachelor'S Degree Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was rejected because it was filed untimely. The decision was issued on February 15, 2005, and the appeal was received on March 22...
Timeliness Of Appeal Treating Late Appeal As Motion
remanded
EB-3
Food Service
The director denied the petition, concluding that the proffered position of a cook was created solely for immigration purposes. On appeal, a...
Ability To Pay Proffered Wage Successor In Interest
remanded
EB-3
Auto Body Repair
The director denied the petition for abandonment, claiming the petitioner failed to respond to a request for evidence. The AAO found that th...
Abandonment Timely Response To Request For Evidence
dismissed
EB-3
Interior Design
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date....
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a nursing registry, failed to establish that it had properly posted the notice of filing fo...
Schedule A Labor Certification Notice Of Filing Posting Requirements (20 C.F.R. § 656.20(G))
dismissed
EB-3
Moving And Storage
The director initially denied the petition because the petitioner had not established the ability to pay the proffered wage. The appeal was ...
Ability To Pay Proffered Wage Summary Dismissal For Failure To Identify Error
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