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 131 of 258
dismissed
EB-1C
Gaming Systems
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. While...
Qualifying Relationship Affiliate Subsidiary Ownership Control Successor-In-Interest
dismissed
EB-1C
International Trade
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 (Subsidiary/Affiliate)
remanded
EB-1C
Import/Export And Retail
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a primarily m...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Clothing/Apparel
The director denied the petition for failing to establish two key points: that the beneficiary would be employed in a primarily managerial o...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Garment And Textile
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
Textile Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Financial Services
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship with the beneficiary's foreign employer e...
Qualifying Relationship Affiliate Subsidiary Same Employer Eligibility At Time Of Filing
dismissed
EB-1C
Export/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 Employment Abroad
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...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Software 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 Staffing Levels Organizational Structure
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 Capacity Executive Capacity
dismissed
EB-1C
Hotel Business
The appeal was summarily dismissed because the petitioner failed to submit the required initial evidence within the seven-business-day timef...
Procedural Filing Requirements Timely Submission Of Evidence
dismissed
EB-1C
Import, Export, And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S. in a qualifying manag...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment Organizational Structure Job Duties
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The AAO honored the withdrawal req...
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was not filed within the required 33-day period. The petitioner initially sent the appeal to the wrong se...
Timely Filing Of Appeal Filing At Correct Service Center Treatment Of Untimely Appeal As A Motion To Reopen Or Reconsider
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship, especially given the beneficiary...
Establishment Of Employer-Employee Relationship Beneficiary Employed In A Managerial Or Executive Capacity Foreign Entity Continues To Operate
dismissed
EB-1C
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 Employment Abroad Qualifying U.S. Employment
dismissed
EB-1C
Telecommunications
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying managerial or executive ca...
Executive Capacity Managerial Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role abroad was in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Product Development
The appeal was dismissed on procedural grounds. The petitioner appealed the director's denial of a motion to reopen/reconsider, but the AAO'...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer
dismissed
EB-1C
Travel Agency
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
Education/Daycare
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a qua...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S. Position) Executive Capacity (U.S. Position)
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position as marketing director qual...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was untimely filed. The appeal was received by USCIS 19 days after the decision was issued, exceeding the...
Timeliness Of Appeal
dismissed
EB-1C
Natural Stone Import/Distribution
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 Proposed Employment
dismissed
EB-1C
Retail And 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
dismissed
EB-1C
Not Specified
The appeal was rejected as untimely filed because it was submitted 30 days after the director's decision, exceeding the 18-day regulatory de...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Management
The appeal was dismissed primarily on procedural grounds. The AAO determined that the Notice of Intent to Revoke (NOIR) was properly served ...
Managerial/Executive Capacity (Abroad) Foreign Entity Doing Business Managerial/Executive Capacity (U.S.) Ability To Pay Procedural Issues (Notice Of Intent To Revoke)
dismissed
EB-1C
Restaurant Management
The appeal was dismissed because the petitioner failed to establish the existence of a qualifying relationship between the U.S. entity and t...
Qualifying Relationship Subsidiary Affiliate Common Ownership And Control
dismissed
EB-1C
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary's prior employment abroad was in a qualifying manag...
Employment In A Managerial Capacity Employment In An 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 primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Consulting
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
EB-1C
Language Education
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
Diamond And Gemstone Import/Export
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 Doing Business For At Least One Year Managerial Or Executive Capacity (Foreign) Managerial Or Executive Capacity (U.S.)
sustained
EB-1C
Food Manufacturing And Distribution
The appeal was sustained because the AAO found that a comprehensive analysis of the organizational structure, managerial tiers, and staffing...
Qualifying Managerial Capacity Abroad Qualifying Managerial Capacity In The U.S.
dismissed
EB-1C
Food Service
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 (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Qualifying Relationship
dismissed
EB-1C
Retail Food
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. Since the beneficiary was the so...
Employer-Employee Relationship Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was dismissed because the petitioner, through counsel, requested to withdraw the appeal. The Administrative Appeals Office (AAO) ...
sustained
EB-1C
Audio Technology
The director denied the petition, finding the petitioner failed to establish that the beneficiary's employment abroad was primarily in a man...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Tour Operator
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 Employer-Employee Relationship Ability To Pay Proffered Wage
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
Multinational Management
The appeal was dismissed because the petitioner submitted a request to withdraw it. The decision was not made on the merits of the case but ...
Withdrawal Of Appeal
dismissed
EB-1C
Insurance Underwriting
The director denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying managerial or executive c...
Qualifying Managerial Or Executive Capacity Of Foreign Employment
dismissed
EB-1C
Wholesale Trade
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner did ...
Employer-Employee Relationship Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Communications
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
sustained
EB-1C
Spirits Import/Export
The appeal was sustained because the AAO found that the petitioner successfully demonstrated it had been 'doing business' for the required o...
Doing Business For At Least One Year Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment In The U.S. (Managerial/Executive)
dismissed
EB-1C
Sales And Service 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 Function Manager
dismissed
EB-1C
Automobile Sales
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
Business 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
dismissed
EB-1C
Logistics
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 primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Laboratory Equipment Distribution
The appeal was dismissed because the petitioner failed to prove it had been 'doing business' in a regular, systematic, and continuous manner...
Doing Business For At Least One Year Managerial Or Executive Capacity
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
Body Jewelry
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
Management, Consulting And Investment
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
dismissed
EB-1C
Jewelry Distribution
The appeal was summarily dismissed because the petitioner failed to state a specific basis for the appeal. The petitioner indicated a brief ...
Managerial Or Executive Capacity
dismissed
EB-1C
Corporate Research
The appeal was dismissed because the petitioner failed to establish that the beneficiary's U.S. position would be primarily managerial or ex...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Event Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Qualifying Employment Abroad Managerial Capacity Executive Capacity
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a continuing qualifying relationship with the beneficiary's former forei...
Qualifying Relationship Subsidiary Affiliate Multinational Organization
dismissed
EB-1C
Real Estate
The director denied the petition because the petitioner had not established that the beneficiary would be employed in a primarily managerial...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Communications
The appeal was dismissed due to numerous material inconsistencies in the record that the petitioner failed to resolve. These inconsistencies...
Managerial Or Executive Capacity
dismissed
EB-1C
Cellular Telephone Distribution
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Food Distribution
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
Production Management
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage of $208,000 per year...
Ability To Pay Proffered Wage Qualifying Relationship With Foreign Employer Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Real Estate 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
Sales 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 Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Import/Export
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
Unknown
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw the appeal. The AAO's decision was based solely on...
dismissed
EB-1C
Air Quality Systems
The appeal was dismissed because the petitioner failed to establish two key points: that the beneficiary was employed abroad in a qualifying...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Automotive Parts
The initial approval was revoked because the director found the petitioner failed to establish that the beneficiary was employed abroad and ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Graphic Arts And Publishing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Capacity Executive Capacity Qualifying Employment Abroad
dismissed
EB-1C
Finance
The appeal was dismissed because the petitioner failed to demonstrate that a qualifying relationship existed with the beneficiary's foreign ...
Qualifying Relationship Affiliate Subsidiary Multinational Existence Of Foreign Entity At Time Of Filing
dismissed
EB-1C
Bakery
The appeal was dismissed because the petitioner failed to establish two key eligibility requirements. The petitioner did not successfully de...
Qualifying Managerial Or Executive Capacity (Foreign Position) Qualifying Managerial Or Executive Capacity (U.S. Position) Qualifying Relationship
dismissed
EB-1C
Pharmacy
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Managerial Or Executive Capacity Failure To Identify Specific Error On Appeal
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact in ...
Managerial Or Executive Capacity
dismissed
EB-1C
Architectural Stone
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 Employment In The U.S. In A Managerial Or Executive Capacity Credibility Of Claims And Reliability Of Documents Ability To Pay The Proffered Wage
dismissed
EB-1C
Automotive Services
The director denied the petition, finding that the beneficiary would not be employed in a qualifying managerial or executive capacity. The A...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Security Systems
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
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to address the substantive reason for the denial, which was the failure to ...
Managerial Or Executive Capacity Procedural Error (Rfe) Summary Dismissal Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Hospitality
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship Qualifying Employment Abroad Foreign Entity Doing Business Failure To Identify Error Of Law Or Fact
dismissed
EB-1C
Beverage 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 (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity (U.S.)
dismissed
EB-1C
Software Consulting
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
Electronics
The appeal was dismissed because the petitioner failed to establish two core requirements for the visa category. The petitioner did not prov...
Qualifying Relationship With Foreign Entity One Year Of Foreign Employment Managerial/Executive Capacity
dismissed
EB-1C
Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executiv...
Managerial Capacity Executive Capacity Employment Abroad Proposed Employment In The U.S.
dismissed
EB-1C
Computer Services
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 In A Qualifying Capacity Proposed U.S. Employment In A Qualifying Capacity
dismissed
EB-1C
Construction
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 Qualifying Relationship
dismissed
EB-1C
Travel 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
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role qualifies as a primarily managerial...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Security Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The A...
Qualifying Relationship Affiliate Subsidiary Ownership Control
dismissed
EB-1C
Sauna Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Import/Distribution
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
Investment
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. There...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
dismissed
EB-1C
Real Estate Development
The director denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying managerial or executive c...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity (U.S.) One Year Of Qualifying Employment Abroad
dismissed
EB-1C
Fashion Jewelry
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
Franchise Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the U.S. would be in a qualifyin...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Natural Skin Products
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director denied the petition on four grounds...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Entities Foreign Entity Continues To Do Business
dismissed
EB-1C
Electronic Chip Design
The appeal was dismissed because the petitioner failed to prove it had been doing business in the U.S. for at least one year prior to filing...
Doing Business For One Year Managerial Or Executive Capacity
dismissed
EB-1C
Silicon Metal Supply
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. company and the for...
Qualifying Relationship Affiliate Subsidiary Ownership Control
dismissed
EB-1C
Manufacturing/Distribution
The appeal was summarily dismissed because the counsel failed to specifically identify any erroneous conclusion of law or statement of fact ...
Qualifying Relationship Managerial Or Executive Capacity Abroad Failure To Identify Error On Appeal
dismissed
EB-1C
Real Estate Development
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
Turn fresh precedent into a stronger draft
MeritDraft uses recent AAO decisions to help attorneys and self-petitioners draft better O-1 and NIW arguments faster.
Start Free Trial →