EB-2 NIW (5038)H-1B (4985)EB-1A (4549)L-1A (4206)EB-1C (2797)EB-3 (1963)L-1B (723)EB-2 (615)EB-1B (301)O-1A (286)O-1B (256)E-2 (26)O-2 (13)EB-2/3 (7)P-1 (4)unclear (4)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
25777 total decisions
Page 126 of 258
dismissed
H-1B
Unknown
The appeal was dismissed because the Director correctly found that the Petitioner worked with a related company to submit multiple H-1B regi...
Multiple Registrations For A Single Beneficiary Attestation On H-1B Registration Fraud And Willful Misrepresentation Related Entities Filing Registrations
sustained
H-1B
Data Analysis
The Director denied the petition, concluding the submitted Labor Condition Application (LCA) for an 'Operations Research Analyst' did not co...
Specialty Occupation Definition Lca Correspondence With Petition Position Complexity
dismissed
H-1B
Computer Programming
The appeal was dismissed because the record failed to sufficiently establish the substantive nature of the proffered position. The petitione...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner failed to overcome the Director's finding of fraud. The Director had revoked the petition's ...
Collusion In H-1B Registration Fraud
dismissed
H-1B
Program Management
The appeal was dismissed because the petitioner failed to prove the proffered position of Program Manager qualifies as a specialty occupatio...
Specialty Occupation Definition Minimum Degree Requirement Industry Standard Petitioner'S Normal Requirement Variety Of Acceptable Degrees O*Net Analysis
dismissed
EB-1C
Mechanical Engineering
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary would not be employed in a pr...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food Products
The motion to reconsider was granted, but the previous decisions of the director and the AAO were affirmed, effectively dismissing the appea...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Furniture
The director revoked the previously approved petition after determining the petitioner had not established the beneficiary would be performi...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Finance And Real Estate
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
EB-1C
Finance And Real Estate Investment
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Managerial Capacity Of Foreign Role Managerial Capacity Of U.S. Role
dismissed
EB-1C
Compact Disc Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity ab...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Supervision Of Personnel First-Line Supervisor Vs. Manager
dismissed
EB-1C
Import And Export
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the beneficiary's proffered wage. The evidence prov...
Ability To Pay The Proffered Wage Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Warehousing And Cargo Distribution
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director determined that the petitioner did ...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Food Products
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity Primarily Managerial Or Executive Duties Performance Of Non-Qualifying Tasks Management Of An Essential Function
dismissed
EB-1C
Computer Products Distribution
The appeal was dismissed because the petitioner's central argument regarding improper revocation notice was rendered moot by a new law. The ...
Notice Of Revocation Doing Business In The Us Qualifying Relationship Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Office Furniture
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not demonstrate that the bene...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed by the U.S. entity in a primari...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the beneficiary's proffered wage of $40,000. The AA...
Ability To Pay Managerial/Executive Capacity
dismissed
EB-1C
Warehousing And Cargo Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity Supervision Of Professional, Managerial, Or Supervisory Staff
dismissed
EB-1C
Furniture
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Oriental Rugs
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Property Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or exec...
Managerial Capacity Executive Capacity Supervision Of Professional Employees
dismissed
EB-1C
Computer Hardware
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Industrial Automation Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the Uni...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Hardware/Software
The director revoked the petition's approval after the petitioner failed to respond to an 'Addendum to the Intent to Revoke' which requested...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Doing Business
dismissed
EB-1C
Airline
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the Un...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Employment In The U.S.
remanded
EB-1C
Wholesale Trade
The case was remanded because the director's denial was based on improper legal reasoning and unsupported standards, such as an undefined vi...
Managerial Or Executive Capacity Staffing Levels Nature Of Subordinate Employees Organizational Complexity Reasonable Needs Of The Business
remanded
EB-1C
Computer Hardware
The director's decision was withdrawn because the AAO found the director erred in determining that a qualifying relationship did not exist b...
Qualifying Relationship Managerial/Executive Capacity Job Duties
dismissed
EB-1C
Technology Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Ability To Pay Proffered Wage Job Duties Staffing Levels
dismissed
EB-1C
Industrial Automation Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad or proposed employment in the U...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Hardware/Software
The appeal was dismissed because the petitioner failed to respond to the director's 'Addendum to the Intent to Revoke.' This notice requeste...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer Ability To Pay Proffered Wage Doing Business
remanded
EB-1C
Business
The appeal was remanded because the director used an incorrect procedural mechanism to challenge a previously approved petition. The AAO fou...
Revocation Procedure Notice Of Intent To Revoke Motion To Reopen Appeal Time Limits
remanded
EB-1C
Import/Wholesale
The case was remanded because the director's denial was based on improper and unsupported reasoning. The director wrongly concluded that a s...
Managerial Capacity Executive Capacity Staffing Levels Organizational Complexity Nature Of Subordinate Employees
remanded
EB-1C
Computer Hardware
The director's decision denying the petition for lack of a qualifying relationship was withdrawn, as the AAO found that the same individual ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Computer And Electronics Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Ability To Pay
remanded
EB-1C
Dietary Supplements
The appeal was remanded because while the petitioner successfully established a qualifying affiliate relationship, which was the initial rea...
Qualifying Relationship Doing Business For One Year Managerial Or Executive Capacity
remanded
EB-1C
Real Estate Investment
The director's decision was withdrawn because the AAO found that a qualifying relationship did exist between the U.S. and foreign entities, ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
International Trade
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The petitioner did no...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay Foreign Entity Doing Business
dismissed
EB-1C
Computer Hardware Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Ability To Pay
dismissed
EB-1C
Fashion Accessories
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
remanded
EB-1C
Promotional Services
The director's decision was withdrawn and the case remanded because the denial was based on incorrect legal reasoning, namely that the benef...
Managerial Or Executive Capacity Qualifying Relationship Between Entities Doing Business For At Least One Year Ability To Pay Wage Prior Overseas Employment
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to establish it had been doing business in the U.S. for the required one-year period ...
Doing Business For At Least One Year Qualifying Employment Abroad Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Corporate Relationship
sustained
EB-1C
Wholesale Trade
The appeal was sustained because the petitioner provided sufficient evidence to overcome the director's grounds for revocation. The petition...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the Un...
Managerial Capacity Executive Capacity Employment Abroad In A Qualifying Capacity Employment In The U.S. In A Qualifying Capacity
dismissed
EB-1C
Auto Parts
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The A...
Qualifying Relationship Subsidiary Affiliate Ownership Control
dismissed
EB-1C
Unspecified
The motion to reopen was rejected as untimely filed, as it was submitted more than 52 days after the AAO's decision, far exceeding the 33-da...
Timeliness Of Motion Filing (8 C.F.R. 103.5(A)(L)(I)) Proper Filing Procedure (8 C.F.R. 103.2(A)(7)(I)) Standing To File Motion Attorney Representation (Form G-28)
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Doing Business In The Us
dismissed
EB-1C
Medical Equipment
The appeal was summarily dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and a foreig...
Qualifying Relationship Between U.S. And Foreign Entities
dismissed
EB-1C
Newspaper Publishing
The appeal was dismissed because the petitioner failed to establish a continuing qualifying relationship with the foreign entity. An on-site...
Qualifying Relationship Subsidiary Affiliate Multinational Operations Beneficiary'S Prior Employment Abroad
dismissed
EB-1C
Restaurant And Cargo
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Import/Export
The motion to reopen was dismissed because the petitioner failed to present new facts as required by regulation. The arguments provided were...
Managerial Capacity Executive Capacity Sufficient Support Staff Qualifying Relationship Motion To Reopen Requirements
dismissed
EB-1C
Oriental Rugs
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's proposed duties t...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Property Development And Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Hardware Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Software Localization
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Staffing Levels Primary Duties
dismissed
EB-1C
Import/Export
The motion to reopen was dismissed because the petitioner failed to provide new facts as required by regulation. The AAO found that the peti...
Managerial Or Executive Capacity Sufficient Support Staff Qualifying Relationship With Foreign Employer Function Manager
dismissed
EB-1C
General Services
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Managerial Or Executive Capacity Failure To State Grounds For Appeal
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Security Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the foreign employ...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity One Year Of Prior Employment Abroad
dismissed
EB-1C
Furniture Import
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was untimely filed. The regulations require an appeal within 15 days of the Notice of Revocation, but the...
Timely Filing Of Appeal
dismissed
EB-1C
Product Marketing And Trade
The appeal was dismissed because the petitioner's sole legal argument, which challenged CIS's authority to revoke the petition based on the ...
Employment In A Managerial Or Executive Capacity (Foreign) Employment In A Managerial Or Executive Capacity (U.S.) Qualifying Corporate Relationship Ability To Pay Proffered Wage
remanded
EB-1C
Management
The case was remanded because the director followed an incorrect procedure after the petition had already been approved. Instead of issuing ...
Revocation Process Procedural Requirements
dismissed
EB-1C
Auto Parts
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The r...
Qualifying Relationship Subsidiary Affiliate Ownership Control
dismissed
EB-1C
Unknown
The motion was rejected as untimely filed. The AAO's decision was issued on October 1, 2004, but the motion was not filed until November 22,...
Timeliness Of Motion Standing To File Motion
dismissed
EB-1C
General Merchandise
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Doing Business In The U.S.
dismissed
EB-1C
Medical Equipment
The appeal was dismissed because the petitioner failed to establish the required qualifying relationship between the U.S. entity and a forei...
Qualifying Relationship Between Us And Foreign Entities
dismissed
EB-1C
Newspaper Publication
The appeal was dismissed because an on-site investigation and the petitioner's own admission confirmed that the foreign branch office ceased...
Qualifying Relationship Multinational Business Operations Managerial Or Executive Capacity
dismissed
EB-1C
Restaurant/Cargo
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial or e...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Computer Software
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Ability To Pay Procedural Grounds For Appeal
dismissed
EB-1C
Management
The appeal was rejected because it was filed untimely. The appeal was received 35 days after the director's decision was mailed, exceeding t...
Timeliness Of Appeal Filing
dismissed
EB-1C
Dental Supplies
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of l...
Managerial Or Executive Capacity Ability To Pay Failure To State Grounds For Appeal Untimely Filing
dismissed
EB-1C
Import/Export
The appeal was dismissed primarily because the petitioner failed to address or rebut the finding that it lacked the ability to pay the proff...
Doing Business In The U.S. Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Proffered Wage
dismissed
EB-1C
Dental Supplies
The appeal was summarily dismissed primarily on procedural grounds. The petitioner failed to identify a specific erroneous conclusion of law...
Managerial Or Executive Capacity Ability To Pay Timely Filing Of Appeal Failure To Identify Error
dismissed
EB-1C
Import And Export
The appeal was dismissed because the petitioner failed to address the issue of its ability to pay the proffered wage, which alone was suffic...
Ability To Pay Doing Business Managerial Or Executive Capacity In The U.S. Managerial Or Executive Capacity Abroad Qualifying Relationship
remanded
EB-1C
Cruise Line Industry
The case was remanded due to a procedural error by the director. After approving the petition, the director used an incorrect 'Government Mo...
One Year Of Foreign Employment Managerial Or Executive Capacity
remanded
EB-1C
Cruise Line
The decision was remanded because the director used an improper procedure to challenge a previously approved petition. The director issued a...
One Year Of Foreign Employment Managerial Or Executive Capacity Procedural Requirements For Revocation
remanded
EB-1C
Cruise Line Industry
The case was remanded due to a significant procedural error by the service center director. After initially approving the petition, the dire...
One Year Of Foreign Employment Managerial Or Executive Capacity
dismissed
EB-1C
Bakery
The director rejected the appeal as untimely filed, and the AAO concurred. The petitioner's subsequent motion to reopen was then rejected by...
Timeliness Of Appeal Jurisdiction Over Motion
dismissed
EB-1C
Management
The appeal was rejected because it was not filed in a timely manner. The appeal was filed 32 days after the Notice of Revocation was mailed,...
Timely Filing Of Appeal
dismissed
EB-1C
Bakery
The AAO rejected the petitioner's motion to reopen, finding that it lacked jurisdiction as the latest decision was made by the Service Cente...
Timeliness Of Appeal Jurisdiction For Motion To Reopen
dismissed
EB-1C
Management
The appeal was rejected because it was not filed in a timely manner. The regulations require an appeal to be filed within 15 days of the rev...
Timely Filing Of Appeal
dismissed
EB-1C
Business Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Organizational Complexity
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish two key points. First, it did not prove that the beneficiary would be em...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Electronics Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Management
The appeal was rejected because it was not filed in a timely manner. The regulation requires revocations to be appealed within 15 days, but ...
Timeliness Of Appeal
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment at the foreign entity was in a primari...
Managerial Capacity Of Foreign Employment Executive Capacity Of Foreign Employment Supervision Of Other Employees Discretionary Authority Primarily Managerial Duties Vs. Non-Managerial Duties
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Electronics Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Management
The appeal was rejected because it was not filed in a timely manner. The Notice of Revocation required an appeal within 15 days of service, ...
Timely Filing Of Appeal
dismissed
EB-1C
Casting Agency
The appeal was dismissed because the petitioner failed to establish key requirements for the visa. The AAO affirmed the director's finding t...
Qualifying Relationship Managerial Or Executive Capacity Foreign Entity Doing Business
dismissed
EB-1C
Casting Agency
The director's decision to deny the petition was affirmed because the petitioner failed to establish several key requirements. Specifically,...
Qualifying Relationship Between Entities Managerial Or Executive Capacity Foreign Entity Continues To Do Business
dismissed
EB-1C
Precious Metal Reclamation
The appeal was dismissed due to conflicting evidence about the U.S. company's ownership, which undermined the claim of a qualifying affiliat...
Qualifying Relationship Affiliate Definition Managerial Or Executive Capacity
dismissed
EB-1C
Website Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels Primarily Managerial/Executive Duties Functional Manager
dismissed
EB-1C
Industrial Equipment Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship (subsidiary or affiliate) with the beneficiary...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment with the foreign entity was primarily ...
Managerial Capacity Of Foreign Employment Executive Capacity Of Foreign Employment
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