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 128 of 258
dismissed
EB-1C
Management
The motion to reopen was dismissed on procedural grounds. The petitioner filed the motion 43 days after the decision, exceeding the 30-day t...
Timeliness Of Motion (8 C.F.R. § 103.5(A)(L)(I)) Statement Regarding Judicial Proceedings (8 C.F.R. § 103.5(A)(L)(Iii)(C)) Submission Of New Facts/Evidence With Motion To Reopen (8 C.F.R. § 103.5(A)(2)) Submission Of Legal Arguments With Motion To Reconsider (8 C.F.R. § 103.5(A)(3))
dismissed
EB-1C
Business Management
The appeal was rejected because the underlying petition was denied due to abandonment for failure to respond to a Request for Evidence. Regu...
Denial Due To Abandonment Failure To Respond To Request For Evidence Jurisdiction Motion To Reopen/Reconsider Vs. Appeal
dismissed
EB-1C
Unspecified
The appeal was rejected because it was not properly filed. The appeal was submitted by an attorney representing the beneficiary, but regulat...
Standing To Appeal Improper Filing Of Appeal
dismissed
EB-1C
Management
The appeal was rejected as improperly filed because it was submitted 29 days after the director's decision, exceeding the 15-day filing dead...
Timely Filing Of Appeal Requirements For Motion To Reopen Requirements For Motion To Reconsider Petitioner Corporate Status
dismissed
EB-1C
Diamond Import/Export
The appeal was summarily dismissed on procedural grounds. The petitioner indicated on the Form I-290B that a brief would be submitted but fa...
One Year Of Experience Abroad Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Real Estate Development
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Between U.S. And Foreign Entities Ownership And Control
dismissed
EB-1C
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily m...
Managerial Capacity (Foreign Employment) Managerial Capacity (U.S. Employment)
dismissed
EB-1C
Real Estate
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 Job Duties
dismissed
EB-1C
Construction
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
International Trade
The appeal was dismissed because the petitioner, an office of an agency of the Government of Korea, was not considered a qualifying 'United ...
U.S. Employer Eligibility Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship
dismissed
EB-1C
Retail
The appeal was dismissed, affirming the director's decision to revoke the petition. The revocation was based on findings of material misrepr...
Qualifying Relationship Managerial/Executive Capacity Doing Business For At Least One Year Foreign Entity Doing Business Misrepresentation
dismissed
EB-1C
Jewelry
The appeal was rejected primarily on procedural grounds. The AAO determined that a denial due to abandonment may not be appealed, the appeal...
Denial Due To Abandonment Timeliness Of Appeal Standing To Appeal Qualifying Relationship Managerial Or Executive Capacity Ability To Pay
sustained
EB-1C
Information Technology
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary was employed abroad and would be employed in ...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S.
dismissed
EB-1C
Retail Investment
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer due to...
Qualifying Relationship Doing Business Abroad Managerial Or Executive Capacity Ability To Pay Wage
dismissed
EB-1C
Import/Wholesale
The director's decision to revoke the petition was affirmed because the petitioner failed to establish it was 'doing business' in the United...
Doing Business Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Marble Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad and proposed employment in the ...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Staffing Levels
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Qualifying Employment Abroad
dismissed
EB-1C
Stone Trading
The appeal concerns a motion to reconsider the rejection of a motion to reopen. The AAO affirmed the rejection because the prior motion was ...
Qualifying Employment Abroad Qualifying Offered Position Doing Business For One Year Ineffective Assistance Of Counsel Timely Filing Of Motion
dismissed
EB-1C
Petroleum Consulting
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive cap...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Carpet Services
The motion to reopen was dismissed because the petitioner failed to provide new facts, as required by regulation. The petitioner attempted t...
Managerial Or Executive Capacity Job Duties
dismissed
EB-1C
Export
The motion to reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present new precedent d...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Data Storage Technology
The appeal was dismissed because the petitioner failed to establish three key requirements for the visa category. The director determined, a...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Wholesale And Retail
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying managerial or executive ca...
Managerial Or Executive Capacity Sufficient Support Staff Ability To Pay Proffered Wage
dismissed
EB-1C
Business Development
The motion to reopen and reconsider was dismissed because it failed to meet regulatory requirements. The motion to reopen did not present ne...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Doing Business Ability To Pay Motion To Reopen/Reconsider Standards
remanded
EB-1C
Business Operations
The appeal was remanded because the director's initial reason for denial, which was based on a failure to establish a qualifying relationshi...
Qualifying Relationship Managerial Or Executive Capacity Doing Business For At Least One Year Simultaneous Business Operations
dismissed
EB-1C
Software Development And Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Subsidiary Affiliate Ownership Control
dismissed
EB-1C
Shipping
The appeal was dismissed because the director's revocation was affirmed. The petitioner failed to demonstrate it was 'doing business' in the...
Doing Business For At Least One Year Definition Of Doing Business Qualifying Employment Abroad
dismissed
EB-1C
Retail Business
The appeal was dismissed because the petitioner failed to establish two key requirements. The director found the petitioner did not prove th...
Employment In A Managerial Or Executive Capacity (U.S.) Employment In A Managerial Or Executive Capacity (Abroad)
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision does not discuss the merits o...
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish the beneficiary had the requisite one year of employment abroad with a q...
One Year Of Employment Abroad Managerial/Executive Capacity (Foreign Role) Managerial/Executive Capacity (U.S. Role) Ability To Pay
dismissed
EB-1C
Real Estate Development
The motion to reopen was dismissed because it failed to state new facts supported by documentary evidence, as required by regulation. The pe...
Managerial Or Executive Capacity Doing Business For At Least One Year
sustained
EB-1C
Non-Profit
The director initially denied the petition, finding the petitioner failed to establish that the beneficiary would be employed in a qualifyin...
Managerial Or Executive Capacity
dismissed
EB-1C
Chemical Food Additives
The appeal was dismissed because the petitioner failed to overcome the two grounds for denial identified by the director. The petitioner did...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Food Distribution
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
dismissed
EB-1C
Freight Forwarding And Logistics
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
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
Beauty Salon
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 Supervision Of Staff
dismissed
EB-1C
Janitorial And Landscaping Services
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 Beneficiary'S Proposed Duties Organizational Structure
dismissed
EB-1C
Wholesale Diamond Sales
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the benefi...
Managerial Or Executive Capacity Qualifying Relationship Between Entities
remanded
EB-1C
Metal Building Materials Wholesale
The appeal was remanded because the AAO found the director made errors in the initial denial. The director improperly dismissed evidence of ...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Investment 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 Doing Business
dismissed
EB-1C
Construction
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
Tattoo Studio
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Ability To Pay Proffered Wage
dismissed
EB-1C
Non-Profit Management
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
Engineering Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed. The dismissal was not based on the merits of the case, but rather because counsel for the petitioner requested tha...
sustained
EB-1C
Business Management
The initial petition was denied on three grounds: failure to establish the beneficiary's employment abroad and in the U.S. was in a manageri...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Foreign And U.S. Entities
dismissed
EB-1C
Real Estate
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove that the beneficiary would...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. petitioner and the beneficiar...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
sustained
EB-1C
Business Management
The appeal was sustained because the director's grounds for denial were found to be unwarranted. The AAO determined the petitioner provided ...
Doing Business In The U.S. Managerial Or Executive Capacity
dismissed
EB-1C
Industrial Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Qualifying Foreign Employment
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship existed with the beneficiary's foreign em...
Qualifying Relationship Managerial Or Executive Capacity Functional Manager
dismissed
EB-1C
Finance
The director denied the petition because the petitioner failed to establish its ability to pay the beneficiary's proffered wage for the year...
Ability To Pay
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 Employment
dismissed
EB-1C
Marketing And Media
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for an appeal. Counsel failed to specif...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Failure To Identify Error On Appeal
remanded
EB-1C
Management
The director's decision to revoke the petition was withdrawn and the case was remanded due to a procedural error. The director revoked the p...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Ability To Pay Managerial Or Executive Capacity (Abroad) Doing Business For At Least One Year
dismissed
EB-1C
Business Management
The appeal was summarily dismissed based on a procedural failure. The petitioner did not specifically identify any erroneous conclusion of l...
Employment In A Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
sustained
EB-1C
Industrial Engineering
The director initially denied the petition for failing to establish that the beneficiary was employed abroad, and would be employed in the U...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Flooring
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
Jewelry
The appeal was dismissed because the petitioner failed to establish a continuous qualifying relationship between the U.S. company and the be...
Qualifying Relationship Managerial Or Executive Capacity Successor-In-Interest
dismissed
EB-1C
Exporting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Footwear
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The petitioner clai...
Qualifying Relationship Between Foreign And U.S. Entities Beneficiary'S Role As Manager Or Executive
dismissed
EB-1C
Cargo Transportation
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 Procedural Grounds For Appeal Ineffective Assistance Of Counsel
dismissed
EB-1C
Automatic Control Valves
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the United States qualified ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Flower Distribution
The appeal was summarily dismissed on procedural grounds. The petitioner filed an appeal but failed to submit a brief or any additional info...
Qualifying Business Relationship Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The Us
dismissed
EB-1C
Retail
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
Computer Products
The director denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying capacity and would be emp...
Managerial Capacity Executive Capacity Abroad Employment Capacity
dismissed
EB-1C
Building Trade
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Ability To Pay Qualifying Employment Abroad (Managerial/Executive) Failure To State Grounds For Appeal
dismissed
EB-1C
Property Management
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove that the beneficiary would...
Managerial Or Executive Capacity Doing Business For At Least One Year Qualifying Relationship One Year Of Foreign Employment
dismissed
EB-1C
Banking
The appeal was dismissed as moot. The director initially denied the petition because the petitioner failed to submit supporting evidence, bu...
Failure To Submit Evidence Mootness
dismissed
EB-1C
Household Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity Definition Of Managerial Capacity Definition Of Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected and dismissed because it was filed untimely. The appeal was received 31 days after the director's decision, well bey...
8 C.F.R. § 205.2(D) 8 C.F.R. § 103.2(A)(7)(I) 8 C.F.R. § 103.3(A)(2)(V)(B)(2) 8 C.F.R. § 103.5(A)(2) 8 C.F.R. § 103.5(A)(3)
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the United States would be...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Sales Management
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Qualifying Relationship With Foreign Employer Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Cosmetics
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad by a qualifying foreign entity ...
One Year Of Foreign Employment Qualifying Relationship
dismissed
EB-1C
Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment
dismissed
EB-1C
Airline
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Employment Abroad In A Managerial Or Executive Capacity Definition Of Managerial Capacity First-Line Supervisor Distinction
dismissed
EB-1C
Real Estate Development
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
Retail
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 Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Gas Station/Convenience Store
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 Staffing Levels Organizational Structure
dismissed
EB-1C
Business Management
The appeal was rejected as improperly filed because the attorney filed on behalf of the beneficiary, who is not a recognized party in the pr...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Entities Proper Filing Of Appeal By An Affected Party
remanded
EB-1C
Retail Trade
The director revoked the petition on the sole basis that the petitioner failed to respond to a Notice of Intent to Revoke (NOIR). Although t...
Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Relationship With A Foreign Entity Actively Doing Business Qualifying Managerial Or Executive Capacity Abroad
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusions of law or fact made by t...
Managerial Or Executive Capacity Doing Business For At Least One Year Failure To Identify Specific Errors On Appeal
dismissed
EB-1C
Jewelry
The appeal was dismissed because the petitioner failed to provide sufficient credible evidence to prove that the beneficiary would be employ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Information Technology
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
remanded
EB-1C
Retail Clothing
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
Managerial Capacity Executive Capacity
remanded
EB-1C
Retail Clothing
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner's counsel formally withdrew the appeal. The AAO received confirmation of the withdrawal from...
dismissed
EB-1C
Apparel Manufacturing
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
dismissed
EB-1C
Apparel
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. entity and the fore...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Medical/Beauty Products Wholesale
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered wage at the time of fil...
Ability To Pay Proffered Wage Managerial Or Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to provide sufficient documentation establishing a qualifying corporate relationship ...
Qualifying Relationship Managerial Capacity (Foreign Employment) Managerial Capacity (U.S. Employment)
dismissed
EB-1C
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position)
dismissed
EB-1C
Business Management
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
Apparel Industry
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a pri...
Managerial Capacity Of Us Position Executive Capacity Of Us Position Managerial Capacity Of Foreign Position Staffing Levels
dismissed
EB-1C
Concrete Manufacturing
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Relationship
dismissed
EB-1C
Office Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role would be primarily managerial or ex...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Wholesale And Retail Trade
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
dismissed
EB-1C
Automotive Services
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
Skylight Installation
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove it had been engaged in the...
Doing Business In The U.S. For At Least One Year Ability To Pay Proffered Wage
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