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 129 of 258
dismissed
EB-1C
Business
The appeal was rejected because it was improperly filed by the beneficiary's attorney, not the petitioning company. Regulations prohibit a b...
Doing Business Abroad Doing Business In The U.S. Qualifying Relationship One Year Of Foreign Employment Managerial Or Executive Capacity (Foreign Role) Managerial Or Executive Capacity (U.S. Role)
dismissed
EB-1C
Retail
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
Car Care Services
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a qualifying manageria...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Maintenance 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
Cleaning Services
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
Leather Products
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
Refurbishment Services
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Leather Apparel And Accessories
The appeal was dismissed because the petitioner failed to establish two key points. First, it was not proven that the beneficiary would be e...
Managerial Capacity Executive Capacity Employment With Foreign Affiliate
dismissed
EB-1C
Video Content Delivery
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 voluntarily requested to withdraw it. The merits of the case were not discussed.
dismissed
EB-1C
Import/Export
The motion to reconsider was rejected as untimely filed, having been submitted nearly two months past the deadline without a reasonable excu...
Managerial Or Executive Capacity Staffing Levels Ability To Pay
dismissed
EB-1C
Business
The appeal was dismissed because the AAO reopened the case and found evidence from the California Secretary of State that the petitioning co...
Petitioner'S Viability Bona Fide Job Offer
dismissed
EB-1C
Transportation Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was purely procedural and bas...
Withdrawal Of Appeal
dismissed
EB-1C
Retail Business
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
Multinational Management
The appeal was dismissed because the petitioner's counsel formally requested to withdraw it. The AAO acted on this request and dismissed the...
dismissed
EB-1C
Fashion Accessories
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Freight Forwarding
The AAO rejected the petitioner's motion to reopen and reconsider because it was untimely filed, received 36 days after the previous decisio...
Employment In A Primarily Managerial Or Executive Capacity
sustained
EB-1C
Engineering
The appeal was sustained because the petitioner, on appeal, provided sufficient evidence and explanation to overcome the director's findings...
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was improperly filed by counsel. The submitted Form G-28 was not properly executed, as the signature of t...
Improperly Filed Appeal (Form G-28)
dismissed
EB-1C
Business Management
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
Business
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 In The U.S. For At Least One Year Ongoing Business Of Foreign Entity Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
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 Qualifying U.S. Employment
dismissed
EB-1C
International Shipping
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 Qualifying Us Employment
dismissed
EB-1C
Petroleum Trading
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
dismissed
EB-1C
Retail Trade And Investments
The petitioner filed a motion to reopen/reconsider the AAO's prior dismissal of their appeal. The motion was dismissed because it failed to ...
Employment In A Managerial Or Executive Capacity (U.S. Position) Employment In A Managerial Or Executive Capacity (Foreign Position) Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Computer Software
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
Compressor Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity, or would be emp...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role qualified as a primarily managerial...
Managerial Capacity Executive Capacity
sustained
EB-1C
Marble Products
The appeal was sustained because the director incorrectly determined that a qualifying relationship did not exist. The director erroneously ...
Qualifying Relationship (Affiliate/Subsidiary)
dismissed
EB-1C
Jewelry
The director denied the petition, concluding that the petitioner did not establish that the beneficiary would be employed in the United Stat...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food Industry
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
dismissed
EB-1C
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role would be primarily managerial. The director ...
Managerial Capacity Executive Capacity First-Line Supervisor Supervision Of Personnel Staffing Levels
dismissed
EB-1C
Unknown
The appeal was rejected as improperly filed because the attorney who filed the appeal did not submit a properly executed Form G-28 demonstra...
Improper Filing Of Appeal Lack Of Valid Form G-28 For Petitioner
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 Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the United States would be p...
Managerial Capacity Executive Capacity Job Duties Supervision Of Employees
dismissed
EB-1C
Business Administration
The motion to reopen and reconsider was dismissed. The petitioner failed to provide new facts or evidence that was previously unavailable, w...
Managerial Capacity Executive Capacity Motion To Reopen Requirements
dismissed
EB-1C
Textile Industry
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Failure To Identify Erroneous Conclusion Of Law Or Fact Managerial Or Executive Capacity Petitioner'S Continued Existence
dismissed
EB-1C
Electronics
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 For At Least One Year Qualifying Relationship
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign emplo...
Qualifying 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 primarily in a managerial or exec...
Managerial Capacity Executive Capacity Staffing Levels Organizational Structure
dismissed
EB-1C
Oil And Gas
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Software 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 Managerial Or Executive Capacity Ownership And Control
dismissed
EB-1C
Footwear
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific error of law or fact in the director's d...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S.
dismissed
EB-1C
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship with the beneficiary's foreign emplo...
Qualifying Relationship Affiliate Subsidiary Managerial Or Executive Capacity
dismissed
EB-1C
Seafood Import/Export
The appeal was dismissed because the petitioner failed to establish it was able to employ the beneficiary in a qualifying managerial or exec...
Managerial Capacity Executive Capacity Organizational Structure/Staffing
dismissed
EB-1C
Theme Park Ride Design
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage of $39,988. The evidence showed ...
Ability To Pay Proffered Wage Managerial Or Executive Capacity
sustained
EB-1C
Semiconductor Manufacturing
The director initially denied the petition, finding the petitioner failed to establish that the beneficiary would be employed in a qualifyin...
Managerial Capacity Executive Capacity Function Manager
sustained
EB-1C
Polymer Manufacturing
The appeal was sustained because the AAO disagreed with the director's assessment of the beneficiary's role. The AAO found that the petition...
Employment With A Qualifying Entity Abroad Qualifying Managerial Or Executive Capacity
sustained
EB-1C
Food Products
The director denied the petition, finding the beneficiary would not be employed in a qualifying managerial or executive capacity. The appeal...
Managerial Or Executive Capacity
sustained
EB-1C
Telecommunications
The appeal was sustained because the director incorrectly calculated the three-year look-back period from the beneficiary's most recent L-1A...
One Year Of Qualifying Employment Abroad Managerial Or Executive Capacity Calculating The Relevant Three-Year Period
dismissed
EB-1C
Multinational Management
The appeal was dismissed because the petitioner formally requested that the appeal be withdrawn. The AAO dismissed the matter based on this ...
dismissed
EB-1C
Textiles
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
Food Distribution
The motion to reconsider was granted, but the prior decision to dismiss the appeal was affirmed. The petitioner failed to establish that the...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Staffing Levels
dismissed
EB-1C
Wholesale Trade
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
Logistics/Shipping
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. role would be primarily managerial ...
Managerial Or Executive Capacity (Foreign Position) Managerial Or Executive Capacity (U.S. Position) Ability To Pay Proffered Wage
dismissed
EB-1C
Construction Equipment Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Proposed Employment In The U.S.
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to provide a basis for the appeal. After indicating that a brief and/or evi...
Managerial Or Executive Capacity (Foreign Entity) Managerial Or Executive Capacity (U.S. Entity)
dismissed
EB-1C
Wholesale Trade
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 AAO concluded that the petitioning U.S. entity did not legally exist. An investigation found no record ...
Existence Of U.S. Entity Qualifying Relationship Fraud And Misrepresentation
dismissed
EB-1C
Business Administration
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role abroad and the proposed U.S. position were p...
Managerial Capacity Executive Capacity Employment Abroad
dismissed
EB-1C
Garments And Textiles
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the U.S. c...
Managerial Or Executive Capacity Doing Business For At Least One Year
sustained
EB-1C
Shipping
The appeal was sustained because the AAO determined that a comprehensive analysis of the company's organizational structure, which included ...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The U.S. In A Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Karaoke Systems
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary's...
Qualifying Relationship Managerial Capacity Executive Capacity Prior Employment Abroad
dismissed
EB-1C
Heavy Machinery And Engineering
The motion to reopen and reconsider was dismissed primarily because it was untimely filed, 88 days after the AAO's decision, well beyond the...
Timeliness Of Motion Managerial Or Executive Capacity Relationship Between L-1A And Eb-1C Petitions Requirements For A Motion To Reconsider
dismissed
EB-1C
Software Sales And Consulting
The appeal was dismissed. Although the AAO found that the petitioner had established a qualifying parent-subsidiary relationship, overturnin...
Qualifying Relationship Ability To Pay
dismissed
EB-1C
Manufacturing
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
Import And Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. Specifically, the p...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Ability To Pay
dismissed
EB-1C
Entertainment Production
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 Qualifying Relationship
dismissed
EB-1C
Real Estate
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 Qualifying Relationship Employment Abroad For One Year Doing Business For One Year
dismissed
EB-1C
Automotive 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
dismissed
EB-1C
Management
The appeal was rejected as improperly filed because the beneficiary, not the petitioner, submitted the appeal. U.S. Citizenship and Immigrat...
Standing Of Beneficiary To Appeal Proper Filing Of Appeal
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
EB-1C
Business 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
Import, Export, And Land Development
The appeal was rejected primarily because it was filed untimely, 30 days after the notice of revocation was served, exceeding the 15-day lim...
Ability To Pay Proffered Wage Timeliness Of Appeal Net Income Analysis Net Current Assets Analysis Inconsistencies In Financial Records
dismissed
EB-1C
Retail
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
Food And 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
Graphic Design
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
Software Engineering
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The AAO found that th...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Education
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 Qualifying Capacity Prospective Employment In A Qualifying Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
International Trade
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 Staffing Levels
dismissed
EB-1C
Construction Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the U.S. would be primarily mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Retail
The motion to reconsider was dismissed because it failed to demonstrate that the prior decision was based on an incorrect application of law...
Managerial Or Executive Capacity Detailed Job Duties Ac21 Portability
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary will be employed in a primarily managerial or execu...
Managerial Capacity Executive Capacity
sustained
EB-1C
Airline
The director initially denied the petition, finding that the petitioner failed to establish the beneficiary would be employed in a qualifyin...
Managerial Capacity Executive Capacity Supervision Of Professional, Supervisory, Or Managerial Employees
dismissed
EB-1C
Business Management
The appeal was rejected because it was improperly filed. The petitioner attempted to appeal a prior decision from the Administrative Appeals...
Managerial Or Executive Capacity Jurisdiction
dismissed
EB-1C
Business
The appeal was dismissed because, although the AAO withdrew two of the director's grounds for revocation concerning the multinational status...
Qualifying Relationship Between U.S. And Foreign Entities Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity Ability To Pay Proffered Wage Multinational Entity Status
dismissed
EB-1C
Finance
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's specific foreign employ...
Qualifying Relationship Subsidiary Affiliate
remanded
EB-1C
Plant Management
The director incorrectly denied the petition on the basis that the beneficiary was already a lawful permanent resident. The AAO determined t...
Prior Employment Abroad For One Year In A Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities U.S. Employer Has Been Doing Business For At Least One Year Beneficiary'S Proposed Role Is Primarily Managerial Or Executive Definition Of Managerial And Executive Capacity
dismissed
EB-1C
Food Service
The motion to reconsider was dismissed as untimely filed, having been received one day after the deadline. Additionally, the motion failed t...
Qualifying Relationship Parent-Subsidiary Relationship Affiliate Relationship Common Ownership And Control Motion Filing Requirements (Timeliness)
dismissed
EB-1C
Commerce
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Capacity Executive Capacity Job Duties Organizational Structure Staffing Levels
dismissed
EB-1C
Jewelry
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 Qualifying Employment In The U.S.
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish two key points: that the beneficiary would be employed in a qualifying m...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Unknown
The motion to reopen was dismissed primarily because it was filed untimely, 43 days after the decision, outside the 30-day window. The motio...
Timely Filing Of Motion Doing Business For At Least One Year Successor-In-Interest Proper Corporate Status
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary's...
Qualifying Relationship Ability To Pay Managerial Or Executive Capacity
dismissed
EB-1C
Retail Management
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 Staffing Levels Supervision Of Personnel
dismissed
EB-1C
Electronics Refurbishment
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 Between Entities
sustained
EB-1C
Fiberglass Distribution
The initial petition was denied for failing to establish that the beneficiary was employed in a qualifying managerial or executive capacity,...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Wholesale/Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role would be primarily managerial or ex...
Managerial Or Executive Capacity Ability To Pay
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