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 132 of 258
dismissed
EB-1C
Language School
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Real Estate And Agriculture
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity
dismissed
EB-1C
Import/Wholesale
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
remanded
EB-1C
Child Care
The decision was remanded because the director's initial reason for denial, the petitioner's inability to pay the proffered wage, was based ...
Ability To Pay Managerial Or Executive Capacity Qualifying Overseas Employment
dismissed
EB-1C
Oil And Gas
The appeal was dismissed because the petitioner failed to prove its U.S. branch office was actively 'doing business' per regulations. The pe...
Doing Business In The U.S. Ability To Pay Proffered Wage Managerial Or Executive Capacity
dismissed
EB-1C
Construction / Hair Salon
The appeal was dismissed because the beneficiary's duties abroad were not primarily managerial or executive in nature. The AAO found that a ...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
EB-1C
Car Care 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
International Commerce
The appeal was rejected on procedural grounds, not on its merits. It was improperly filed by the beneficiary's representative, whereas regul...
Managerial Or Executive Capacity Doing Business For At Least One Year Standing To File An Appeal
dismissed
EB-1C
Seafood Import/Export
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed by the foreign entity in a primarily...
Employment In A Managerial Capacity Employment In An Executive Capacity Beneficiary'S Prior Employment Abroad Beneficiary'S Proposed Employment In The U.S.
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Agricultural Equipment
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
Food And Beverage Import/Export
The appeal was dismissed because it was untimely and failed to present new facts or evidence to overcome the initial denial. The petitioner ...
Managerial Or Executive Capacity Of Foreign Employment Managerial Or Executive Capacity Of U.S. Employment
dismissed
EB-1C
Computer Technology
The appeal was summarily dismissed because the petitioner's counsel failed to address the substantive grounds for revocation, which were the...
Doing Business In The Us Managerial Or Executive Capacity Revocation Authority Under Section 205 Of The Act
remanded
EB-1C
Business
The case was remanded primarily on procedural grounds because the director revoked the petition based on derogatory information from an over...
Procedural Fairness (Rebuttal Of Derogatory Information) Managerial Or Executive Capacity Staffing Levels Doing Business For One Year
dismissed
EB-1C
Grocery
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Petitioner'S Business Activity Ability To Pay Wage
dismissed
EB-1C
Agricultural Export
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Computer Components
The appeal was dismissed because the petitioner failed to overcome the director's initial findings. The director concluded the petitioner di...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Plastics Manufacturing
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. petitioning entity ...
Qualifying Relationship Doing Business For One Year Managerial Or Executive Capacity
dismissed
EB-1C
International Trading
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
Unknown
The appeal was dismissed because counsel for the petitioner submitted a request to withdraw the appeal on May 16, 2006. The AAO dismissed th...
dismissed
EB-1C
Wholesale Trade
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Business Technology Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship Affiliate Relationship Ownership And Control
dismissed
EB-1C
Film And Paper 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
Electronics
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
Diamond Trading
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
Import/Export
The director denied the petition for three reasons: failure to establish that the beneficiary would be employed in a primarily managerial or...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Investment And Consulting
The appeal was dismissed because the petitioner failed to overcome the director's finding that it had not established it was 'doing business...
Doing Business Prior Employment In A Managerial Or Executive Capacity Proposed U.S. Employment In A Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Unknown
The appeal was rejected as untimely filed. The director's decision was issued on January 26, 2005, but the appeal was received on March 7, 2...
Timely Filing Of Appeal
dismissed
EB-1C
Product Distribution
The director denied the petition because the petitioner failed to demonstrate the ability to pay the beneficiary's proffered salary of $100,...
Ability To Pay Proffered Wage
dismissed
EB-1C
Telecommunications And Information Technology
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. company and the ben...
Qualifying Relationship Affiliate Subsidiary Managerial Or Executive Capacity
dismissed
EB-1C
Telecommunications And Information Technology
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Subsidiary Affiliate
dismissed
EB-1C
Food Manufacturing
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
Used Auto Parts
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
Construction
The appeal was rejected as improperly filed because the representative was a foreign attorney not authorized to practice before USCIS. The A...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities One Year Of Qualifying Employment Abroad Petitioner Doing Business For At Least One Year Improper Filing Of Appeal By Unauthorized Counsel Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-1C
Computer Hardware/Software
The appeal was summarily dismissed because the petitioner failed to specifically identify an erroneous conclusion of law or statement of fac...
Managerial Or Executive Capacity Qualifying Relationship Eligibility At Time Of Filing
dismissed
EB-1C
Business
The appeal was dismissed because the director's decision to deny the petition due to abandonment was affirmed. The petitioner's response to ...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Denial Due To Abandonment
remanded
EB-1C
Management
The case was remanded because USCIS failed to send the notice of intent to revoke the petition to the petitioner's latest attorney of record...
Revocation Procedure Notice Of Intent To Revoke Representation By Counsel Rescission Of Adjustment Of Status
dismissed
EB-1C
Dry Cleaning And Laundry Service
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 Foreign Entity Continues To Do Business
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to provide sufficient detailed evidence establishing that the beneficiary was employe...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Construction
The appeal was rejected as improperly filed because the representative was a foreign attorney not authorized to practice before USCIS. The A...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities One Year Of Qualifying Employment Abroad Petitioner Doing Business For At Least One Year
dismissed
EB-1C
Computer Networking
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer Eligibility At Time Of Filing Failure To Identify Error On Appeal
dismissed
EB-1C
Management
The appeal was dismissed because the original petition was denied due to abandonment. The petitioner's response to a notice of intent to rev...
Abandonment Managerial Or Executive Capacity Employment Abroad
remanded
EB-1C
Business Management
The appeal was remanded because the director failed to send the Notice of Intent to Revoke to the petitioner's correct attorney of record. T...
Procedural Error (Improper Notice) Revocation Authority Petitioner'S Viability (Dissolution)
dismissed
EB-1C
Import/Export And Property Management
The director denied the petition for multiple reasons, including failure to establish that the beneficiary would be employed in a primarily ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Ability To Pay
dismissed
EB-1C
Dry Cleaning And Laundry
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 Foreign Entity Continues To Do Business
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 Or Executive Capacity Ability To Pay
dismissed
EB-1C
Food Industry Sales
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not adequately demonstrate th...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Real Estate And Investment
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Managerial Or Executive Capacity Failure To Identify Specific Error On Appeal
dismissed
EB-1C
Food Service
The appeal was dismissed because the petitioner failed to establish that it was 'doing business' at the time of filing. The AAO found that t...
Doing Business For At Least One Year Managerial Or Executive Capacity
remanded
EB-1C
Software
The director's decision was withdrawn and the case remanded because the denial was based on an ambiguous record regarding the petitioner's a...
Ability To Pay Proffered Wage Doing Business For At Least One Year
sustained
EB-1C
Fashion Apparel
The appeal was sustained because the petitioner successfully established a qualifying affiliate relationship between the U.S. and foreign en...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Textiles
The AAO affirmed the director's denial, concluding the petitioner failed to demonstrate that the beneficiary would be employed in a primaril...
Managerial Capacity Executive Capacity Qualifying Relationship Doing Business For One Year
dismissed
EB-1C
Trading And Investment
The motion to reopen and reconsider was dismissed because the petitioner failed to provide credible and consistent evidence of a qualifying ...
Qualifying Relationship
dismissed
EB-1C
Marble And Granite Products
The director initially denied the petition for abandonment because the petitioner failed to submit requested evidence. The AAO rejected the ...
Denial For Abandonment Jurisdiction To Appeal Failure To Submit Evidence
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or fact from the d...
Managerial Or Executive Capacity Doing Business Requirement Staffing Levels
dismissed
EB-1C
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Agriculture 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 Doing Business
dismissed
EB-1C
Scientific Instruments
The appeal was dismissed because the petitioner failed to overcome the grounds for revocation. The director found that the petitioner had no...
Qualifying Relationship With Foreign Employer Foreign Entity Continuing To Do Business Employment In A Primarily Managerial Or Executive Position Existence Of A Bona Fide Business
dismissed
EB-1C
Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary's past and proposed roles were primarily managerial...
Managerial Capacity Executive Capacity Function Manager Qualifying Employment Abroad Qualifying Proposed Employment In The U.S.
dismissed
EB-1C
Magnetic Media Products
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 Failure To Identify Specific Error On Appeal
dismissed
EB-1C
Computer And Software 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
dismissed
EB-1C
Business Management
The motion to reopen was dismissed and while the motion to reconsider was granted, the underlying dismissal of the appeal was affirmed. The ...
Managerial Or Executive Capacity Employment Abroad Burden Of Proof Prior Nonimmigrant Approval
dismissed
EB-1C
Trade And Investment
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a primarily managerial or execut...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. U.S. Entity Doing Business For One Year Foreign Entity Doing Business Ability To Pay
dismissed
EB-1C
Computer Hardware Manufacturing
The director denied the petition, concluding that the petitioner had not demonstrated that the beneficiary was employed abroad or would be e...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment
dismissed
EB-1C
Produce 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 Ability To Pay Proffered Wage
dismissed
EB-1C
Multinational Management
The appeal was dismissed on procedural grounds, not on its merits. The petitioner filed the appeal 43 days after the decision was issued, wh...
Timely Filing Of Appeal Treating Untimely Appeal As A Motion
dismissed
EB-1C
International Trade, Consulting, And Finance
The appeal was dismissed primarily because the petitioner failed to establish it had been doing business in the U.S. for at least one year p...
Doing Business For One Year Successor-In-Interest Qualifying Employment Abroad Managerial Or Executive Capacity
dismissed
EB-1C
Optical Products
The third motion to reconsider was dismissed because it was based on new evidence (an amended tax return) that was not part of the record at...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Yachting
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 Qualifying Relationship Doing Business For At Least One Year
dismissed
EB-1C
Information Classification
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to timely submit a brief or evidence and did not s...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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 Ability To Pay Proffered Wage Staffing Levels
dismissed
EB-1C
International Trade
The appeal was dismissed because it was improperly filed by a third-party corporation that lacked legal standing. The AAO affirmed the direc...
Qualifying Relationship Managerial Or Executive Capacity Standing To Appeal Ac21 Portability
dismissed
EB-1C
Home Furnishings
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
Steel And Iron Importing
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
Beauty 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
Textiles And Real Estate Investment
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Electronics
The appeal was dismissed because the petitioner failed to establish a qualifying parent-subsidiary relationship. The director concluded that...
Qualifying Relationship (Parent/Subsidiary)
dismissed
EB-1C
Travel And Tourism
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 Employment Abroad In A Qualifying Capacity Supervision Of Staff Performance Of Non-Qualifying Tasks
remanded
EB-1C
Export
The director's decision was withdrawn because the director incorrectly applied the legal standard for an 'American firm or corporation' from...
Definition Of 'United States Employer' Definition Of 'American Firm Or Corporation' Managerial Or Executive Capacity Permanent Employment Offer
dismissed
EB-1C
Chemical Wholesale
The appeal was summarily dismissed because the petitioner's counsel provided only general, unsupported objections to the director's findings...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay Procedural Error (Failure To Issue Rfe/Noid)
dismissed
EB-1C
Retail
The appeal was summarily dismissed because the petitioner's counsel failed to file a timely brief and did not specifically identify any erro...
Managerial Capacity Executive Capacity Summary Dismissal Standards
sustained
EB-1C
Trade Promotion
The appeal was sustained because the AAO found the petitioner established its ability to pay the proffered wage, noting that the foreign par...
Ability To Pay Doing Business
sustained
EB-1C
Trade Promotion
The appeal was sustained because the AAO found that the petitioner sufficiently established its ability to pay the beneficiary's wage, ackno...
Ability To Pay Doing Business
dismissed
EB-1C
Health Food Supplements
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
sustained
EB-1C
Electrical Equipment Manufacturing
The appeal was sustained because the petitioner successfully rebutted the two grounds for denial. The AAO found that the director had confus...
Qualifying Relationship Ability To Pay Proffered Wage
remanded
EB-1C
Machine Tool Supplies
The case was remanded because the director used improper and unsupported standards like 'common business practice' and failed to properly an...
Managerial Or Executive Capacity Staffing Levels Qualifying Corporate Relationship Functional Manager
dismissed
EB-1C
Natural Stone Import/Wholesale
The motion to reopen and reconsider was dismissed. The motion to reopen failed because new evidence cannot be used to establish eligibility ...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Function Manager
dismissed
EB-1C
Management
The appeal was dismissed as moot. A review of records showed the beneficiary had already adjusted to permanent resident status through a sep...
Multinational Executive Or Manager Mootness
sustained
EB-1C
Tourism
The appeal was sustained because the petitioner successfully demonstrated a qualifying affiliate relationship with the beneficiary's foreign...
Qualifying Relationship Affiliate/Subsidiary Status Common Ownership
dismissed
EB-1C
Precious Stones Trade
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Managerial/Executive Capacity Ability To Pay Proffered Wage Failure To Identify Error In Initial Decision
dismissed
EB-1C
Retail Sales
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered salary. The director no...
Ability To Pay Proffered Wage
dismissed
EB-1C
Automotive Services
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Qualifying Relationship Managerial Capacity Executive Capacity
dismissed
EB-1C
Investment Management
The appeal was summarily dismissed because the petitioner's counsel failed to submit an appellate brief or identify any specific erroneous c...
Managerial Or Executive Capacity (Us Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage Procedural Requirement To Identify Specific Error On Appeal
dismissed
EB-1C
Aerospace
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. The petitioner argued the case based ...
Managerial Capacity Executive Capacity Eligibility At Time Of Filing
dismissed
EB-1C
Business Investments And Trade
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Employment Abroad In A Managerial/Executive Capacity Proposed Employment In A Managerial/Executive Capacity One-Year Qualifying Employment Abroad
dismissed
EB-1C
Retail Trade
The director denied the petition for failing to demonstrate that the beneficiary would be employed in a primarily managerial or executive ca...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Automotive 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
Construction
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 Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity Petitioner'S Ability To Pay Proffered Wage
dismissed
EB-1C
Import/Sales
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary's proposed role would be primarily managerial or ...
Managerial Capacity Executive Capacity
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