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 130 of 258
dismissed
EB-1C
Marketing
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 Doing Business In The U.S.
dismissed
EB-1C
E-Commerce
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
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship existed with the beneficiary's foreign em...
Qualifying Relationship Affiliate Subsidiary Managerial Or Executive Capacity
dismissed
EB-1C
Car Dealership
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The motion to reopen did not provid...
Managerial Or Executive Capacity (U.S. Position) Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity (Foreign Position)
remanded
EB-1C
Operations Management
The director's initial denial, based on the lack of a qualifying relationship between the U.S. petitioner and the foreign employer, was with...
Qualifying Relationship Managerial Capacity Abroad Executive Capacity Abroad Managerial Capacity In The U.S. Executive Capacity In The U.S.
dismissed
EB-1C
Marketing And Sales
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 Qualifying Employment Abroad
dismissed
EB-1C
Retail
The appeal was dismissed because the director correctly denied the initial petition, which was filed for an EB-1C multinational manager, for...
Failure To Submit Initial Evidence Qualifying Foreign Employment Managerial Or Executive Capacity Qualifying Corporate Relationship Ability To Pay Wage
dismissed
EB-1C
Granite Sales
The appeal was summarily dismissed for procedural reasons. The petitioner failed to identify any specific erroneous conclusion of law or sta...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship
dismissed
EB-1C
Merchandising
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
dismissed
EB-1C
Mechanical Products
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
Business
The appeal was rejected as untimely filed. The petitioner filed the appeal 26 days after the director's decision, which exceeded the filing ...
Timeliness Of Appeal Petitioner'S Continued Existence
dismissed
EB-1C
Technology Investment Management
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Software
The director denied the petition on three independent grounds: the petitioner failed to establish that the beneficiary would be employed in ...
Managerial Or Executive Capacity (Us Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship
dismissed
EB-1C
Software Development
The director denied the petition on three grounds: failure to establish the beneficiary would be employed in a primarily managerial or execu...
Managerial Capacity Executive Capacity Qualifying Relationship Staffing Levels
dismissed
EB-1C
Multinational Management
The appeal was rejected as it was filed untimely. The appeal was received 35 days after the director's decision was issued, which is outside...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage from the priority da...
Ability To Pay Proffered Wage Managerial Or Executive Capacity
dismissed
EB-1C
Water Purification
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a primari...
Managerial Capacity Executive Capacity
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
dismissed
EB-1C
Telecommunications
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
Import/Export
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director concluded that the petitioner did n...
Managerial Capacity Executive Capacity Doing Business For One Year
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary's position as an assistant restaurant manager was p...
Managerial Capacity Executive Capacity First-Line Supervisor
dismissed
EB-1C
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 Job Duties Organizational Structure
dismissed
EB-1C
Oil And Gas
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 Employment In The U.S. First-Line Supervisor Supervision Of Professional Employees Function Manager
dismissed
EB-1C
Applications Development
The appeal was rejected because the underlying petition was denied for abandonment after the petitioner failed to respond to a Request for E...
Failure To Respond To Rfe Abandonment Improper Filing Of Appeal Notice Of Representation (Form G-28)
dismissed
EB-1C
Operations 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
Import/Export
The appeal was dismissed because the petitioner failed to establish two key points: that the beneficiary was employed abroad in a qualifying...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to prove the beneficiary was employed abroad in a qualifying managerial or executive ...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Qualifying Corporate Relationship
dismissed
EB-1C
Multinational Management
The appeal was rejected as improperly filed. The regulations state that the beneficiary of a visa petition is not a recognized party in the ...
Improper Filing Of Appeal Authorized Representation (Form G-28) Beneficiary'S Standing To Appeal
dismissed
EB-1C
Television Production And Broadcasting
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 Function Manager
dismissed
EB-1C
Multinational Management
The appeal was dismissed because the petitioner formally requested to withdraw it. The decision was not based on the merits of the case, but...
Withdrawal Of Appeal
dismissed
EB-1C
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying Proposed U.S. Employment
dismissed
EB-1C
Manufacturing
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
Unknown
The appeal was dismissed as untimely filed. USCIS received the appeal with the correct filing fee 48 days after the denial was issued, which...
Timely Filing Of Appeal Incorrect Filing Fee Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Common Ownership And Control Affiliate Subsidiary
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship existed with the beneficiary's foreign em...
Qualifying Relationship Affiliate/Subsidiary Definition Continued Operation Of Foreign Entity
dismissed
EB-1C
Architecture/Design
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. petitioner and the ...
Qualifying Relationship Affiliate Subsidiary
dismissed
EB-1C
Construction 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 Qualifying Relationship
dismissed
EB-1C
Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Ability To Pay Qualifying Relationship Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner requested that the appeal be withdrawn. The decision was not based on the merits of the case...
dismissed
EB-1C
Non-Profit Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed duties in the U.S. would be primarily in...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was untimely filed. The petitioner submitted the appeal 88 days after the decision was issued, well beyon...
Untimely Filing Motion To Reopen Motion To Reconsider Filing Deadline
dismissed
EB-1C
Purchasing
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
remanded
EB-1C
Management
The AAO withdrew the district director's decision and remanded the case because the record of proceeding was incomplete. The original Form I...
Managerial Or Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was dismissed because the petitioner requested its withdrawal on September 22, 2009. The decision was not based on the merits of ...
dismissed
EB-1C
Handyman Services
The appeal was rejected as untimely filed. The director's decision was issued on May 13, 2009, and the appeal was received 35 days later, wh...
Timely Filing Of Appeal Qualifying Employment Abroad
dismissed
EB-1C
Clothing
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
Business 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
Business
The appeal was rejected as untimely filed. The petitioner initially submitted the appeal without the correct filing fee, and the resubmissio...
Timely Filing Of Appeal Correct Filing Fee Ability To Pay Proffered Wage
dismissed
EB-1C
Technical Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Affiliate Subsidiary Common Ownership And Control
dismissed
EB-1C
Shoe Wholesale
The appeal was dismissed because the petitioner failed to establish it had been 'doing business' for at least one year prior to filing the p...
Doing Business For At Least One Year Managerial Or Executive Capacity
dismissed
EB-1C
Trust Fund Management
The appeal was summarily dismissed because the petitioner's counsel explicitly conceded that the beneficiary does not qualify as a multinati...
Employment In A Primarily Managerial Or Executive Capacity In The U.S. Employment In A Primarily Managerial Or Executive Capacity Abroad Qualifying Relationship Between U.S. And Foreign Entities
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on February 18, 2009, but the appeal was not succe...
Timeliness Of Appeal
dismissed
EB-1C
Business Management
The appeal was dismissed because the petition was improperly filed by the foreign parent company, not the prospective U.S. employer, as requ...
U.S. Employer Requirement Doing Business For At Least One Year Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to address the director's grounds for denial, specifically that the petitioner did no...
Managerial Or Executive Capacity Staffing Composition Primarily Performing Qualifying Tasks Failure To Identify Error On Appeal
dismissed
EB-1C
Technical Support
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
remanded
EB-1C
Business
The director's denial for a missing support letter was withdrawn because the letter was, in fact, in the record. However, the case was reman...
Qualifying Employment Abroad Qualifying Offered Position In The U.S. Doing Business For At Least One Year
dismissed
EB-1C
Furniture Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity (U.S.)
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The AAO found signi...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S. Position)
dismissed
EB-1C
Management Consulting
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's proposed job duti...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business 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
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 Or Executive Capacity Qualifying Relationship With Foreign Entity One Year Of Prior Employment Abroad
dismissed
EB-1C
Import/Distribution
The motion to reopen and reconsider was dismissed for procedural failures. The petitioner did not provide new evidence for a motion to reope...
Managerial Or Executive Capacity (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Doing Business For One Year Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish it had been doing business in the United States for at least one year pr...
Doing Business For One Year Ability To Pay Proffered Wage Qualifying Managerial/Executive Capacity
dismissed
EB-1C
Marketing
The director initially denied the petition because the petitioner failed to establish it had been doing business in the U.S. for one year pr...
Doing Business For One Year Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Unknown
The appeal was rejected as untimely filed. The petitioner filed the appeal 35 days after the director's decision was issued, which exceeded ...
Timeliness Of Appeal Motion To Reopen Or Reconsider
dismissed
EB-1C
Finance
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity (Foreign Employment) Executive Capacity (Foreign Employment) Managerial Capacity (U.S. Employment) Executive Capacity (U.S. Employment)
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The o...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Business Administration
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary was not employed abroad in a ...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In A U.S. Managerial Or Executive Capacity
remanded
EB-1C
Business
The AAO remanded the case, withdrawing the director's denial. Although the AAO found the director erred in concluding there was no qualifyin...
Qualifying Relationship Doing Business Abroad Qualifying Prior Employment Qualifying Proposed Employment
sustained
EB-1C
Business Management
The director denied the petition, finding the petitioner failed to establish the beneficiary was employed abroad and would be employed in th...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Definition Of Managerial Capacity Definition Of Executive Capacity Organizational Structure And Staffing Levels
dismissed
EB-1C
Aviation
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
Multinational Management
The appeal was rejected because it was an improper second appeal, for which there is no legal provision. Additionally, the appeal was filed ...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Filing Of Multiple Appeals
dismissed
EB-1C
Information Technology
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. petitioner and the foreign em...
Qualifying Relationship Affiliate Subsidiary Ownership
remanded
EB-1C
Business Management
The matter was remanded because the director's initial denial, based on a supposedly missing document, was erroneous. However, the AAO found...
Qualifying Employment Abroad In A Managerial/Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities (Ownership And Control) Managerial/Executive Capacity Of Proposed U.S. Position
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it was not proven that the beneficiary was ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the U....
Qualifying Employment Abroad Managerial Or Executive Capacity
dismissed
EB-1C
Retail And Construction
The appeal was dismissed because the petitioner failed to establish that it had been doing business in the United States for at least one ye...
Doing Business For At Least One Year Managerial Or Executive Capacity
dismissed
EB-1C
Security Services
The motion to reopen was granted, but the underlying decision dismissing the appeal was affirmed. While the petitioner overcame initial adve...
Qualifying Relationship Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment Multinational Entity Status
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. Althoug...
Qualifying Relationship (Affiliate/Subsidiary) Doing Business For At Least One Year
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...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner did not have the requisite qualifying relationship with the beneficiary's foreign employer a...
Qualifying Relationship (Subsidiary/Affiliate) Timing Of Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner voluntarily withdrew it. The AAO did not rule on the merits of the case.
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner, a U.S. corporation, failed to establish its ability to pay the beneficiary's proffered wage...
Ability To Pay Proffered Wage
dismissed
EB-1C
Product 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 Job Duties Organizational Structure
dismissed
EB-1C
Venture Capital
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Or Executive Capacity Job Duties Organizational Hierarchy/Staffing Ability To Pay
dismissed
EB-1C
Cocoa Processing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment
dismissed
EB-1C
Import/Export
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 Qualifying Relationship
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The decision was not made on the merits...
dismissed
EB-1C
Garment Distribution
The appeal was rejected as untimely filed because it was submitted 30 days after the decision was issued, exceeding the regulatory time limi...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Managerial Or Executive Capacity
dismissed
EB-1C
Research And Development
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 Primarily Managerial Or Executive Capacity Employment In The U.S. In A Primarily Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Definition Of Managerial Capacity Definition Of Executive Capacity
dismissed
EB-1C
Business Management
The director denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying managerial or executive c...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. The director found, and the AAO ...
Employer-Employee Relationship Managerial Or Executive Capacity Beneficiary Ownership And Control
dismissed
EB-1C
Management
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Beneficiary'S Employment Abroad In A Qualifying Managerial Or Executive Capacity Beneficiary'S Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Clothing Retail
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
dismissed
EB-1C
Business Consulting
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 Ability To Pay
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish key requirements for the visa category, including that the beneficiary w...
Qualifying Managerial Or Executive Capacity (U.S. Position) Qualifying Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Between U.S. And Foreign Entities Ineffective Assistance Of Counsel
remanded
EB-1C
Multinational Management
The case was remanded as a result of a settlement agreement reached in U.S. District Court after the petitioner sued USCIS. The AAO withdrew...
Ability To Pay
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The petitioner submit...
Qualifying Relationship Doing Business Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Ability To Pay Wage Employer-Employee Relationship Requisite Time Employed Abroad
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 Employment Abroad
sustained
EB-1C
Business
The appeal was sustained because the AAO found the director's grounds for denial to be erroneous or unsubstantiated. The AAO determined ther...
Managerial Or Executive Capacity Employer-Employee Relationship Salary Doing Business Organizational Structure
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