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 133 of 258
dismissed
EB-1C
Porcelain And Furniture Import/Sales
The director denied the petition for failing to demonstrate that the beneficiary would be employed in a primarily managerial or executive ca...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food And Restaurant
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
Hydraulic And Pneumatic Equipment
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusions of law or statemen...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Carpet Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed by the United States entity in a ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Export/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 Organizational Structure Staffing Levels
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw it. The decision notes that the AAO received the petitioner's...
Withdrawal Of Appeal
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad in a qualifying managerial...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Management
The appeal was dismissed because it was not filed within the required time frame. The petitioner's first attempt to file an appeal was 26 da...
Timely Filing Of Appeal
dismissed
EB-1C
Clothing Retail And Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. While the petitione...
Qualifying Relationship Subsidiary Affiliate Ownership And Control
dismissed
EB-1C
Garment Wholesale And Travel
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
remanded
EB-1C
Optical Services
The appeal was formally rejected because regulations state that no appeal can be made from a denial for abandonment. However, the case was r...
Denial For Abandonment Motion To Reopen/Reconsider Jurisdiction
dismissed
EB-1C
Investment
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's originally proffered salary of $72,...
Ability To Pay The Proffered Wage
dismissed
EB-1C
Hospitality Services
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
Packaging And Printing Services
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed in a primarily ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant Business
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage. The petitioner's ta...
Ability To Pay Proffered Wage Doing Business Qualifying Managerial Or Executive Capacity
remanded
EB-1C
Construction
The appeal was remanded because the director denied the petition without first issuing a Request for Evidence (RFE). The AAO determined that...
Qualifying Relationship Between Entities Petitioner Doing Business For One Year Beneficiary'S Qualifying Overseas Employment Petitioner'S Ability To Pay Wage Managerial Or Executive Duties
dismissed
EB-1C
Import/Export & 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 Ability To Pay
remanded
EB-1C
Automotive
The director denied the petition, believing the beneficiary's H-1B visa meant he was employed in the U.S. rather than abroad for the requisi...
One Year Of Qualifying Employment Abroad Managerial Or Executive Capacity Of Foreign Employment Managerial Or Executive Capacity Of Proposed U.S. Employment
remanded
EB-1C
Petroleum Gas
The case was remanded because key evidence was missing or insufficient. The petitioner failed to provide certified English translations of d...
Managerial/Executive Capacity Qualifying Relationship Ability To Pay Doing Business For One Year
dismissed
EB-1C
Import/Export
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 Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage
remanded
EB-1C
Agricultural Import/Export
The appeal was remanded because the director's denial was based on insufficient evidence that the director had failed to request in the firs...
Doing Business For One Year Ability To Pay Proffered Wage Managerial/Executive Job Duties
remanded
EB-1C
Automotive
The appeal was remanded because while the petitioner successfully established that the beneficiary was employed abroad for the required peri...
One Year Of Qualifying Employment Abroad Managerial Or Executive Capacity Of Foreign Role Managerial Or Executive Capacity Of U.S. Role
sustained
EB-1C
Financing Services
The director initially denied the petition due to a failure to establish a qualifying relationship between the U.S. petitioner and the forei...
Qualifying Relationship Affiliate Subsidiary Common Ownership And Control
dismissed
EB-1C
Engineering Services
The appeal was dismissed because the petitioner failed to overcome the director's findings. Specifically, the petitioner did not establish t...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position)
dismissed
EB-1C
Wholesale Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Subsidiary/Affiliate Relationship Ownership And Control
dismissed
EB-1C
Giftware And Crafts
The appeal was dismissed because the petitioner failed to establish that the beneficiary would primarily perform managerial or executive tas...
Managerial Capacity Executive Capacity Staffing Levels
sustained
EB-1C
Funeral Services
The director initially denied the petition for failure to establish a qualifying relationship and for finding the beneficiary's foreign and ...
Qualifying Relationship (Parent/Subsidiary) Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
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
Retail And Investment
The appeal was dismissed because the petitioner failed to establish that the beneficiary's position abroad and the proposed position in the ...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Position
dismissed
EB-1C
Water Purification
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 One Year Of Foreign Employment
dismissed
EB-1C
Shipping And Transportation
The director denied the petition on two grounds: failure to establish a qualifying corporate relationship and failure to demonstrate the ben...
Qualifying Relationship Managerial Or Executive Capacity
remanded
EB-1C
Automotive Export And Logistics
The case was remanded because the director's denial was found to be deficient and based on an improper and erroneous analysis. The director ...
Managerial Or Executive Capacity Organizational Structure Staffing Levels Detailed Job Duties
dismissed
EB-1C
Retail And Distribution
The appeal was dismissed because the petitioner failed to address the primary grounds for denial. While the petitioner resolved an issue reg...
Managerial Capacity Executive Capacity Qualifying Organization
sustained
EB-1C
Textile Trading
The director revoked a previously approved petition after the petitioner had requested to withdraw it. The AAO found the director's revocati...
Primarily Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Right To Withdraw Petition
dismissed
EB-1C
Consulting
The appeal was dismissed because the petitioner failed to overcome the director's findings that it had not established a qualifying relation...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Proffered Wage
dismissed
EB-1C
Construction
The case was previously remanded by the AAO with instructions to issue a Request for Evidence (RFE). After the director issued the RFE, the ...
Managerial Or Executive Capacity Abandonment
dismissed
EB-1C
Exporting
The motion to reopen was granted and the AAO withdrew its finding that a qualifying relationship did not exist. However, the appeal was ulti...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Hotel Management
The appeal was dismissed because the petitioner failed to demonstrate a qualifying relationship between the U.S. company and the beneficiary...
Qualifying Relationship Subsidiary Affiliate Ownership And Control
sustained
EB-1C
Sporting Equipment
The director initially denied the petition for failing to prove a qualifying relationship between the U.S. petitioner and the foreign employ...
Qualifying Relationship
dismissed
EB-1C
Multinational Management
The motion to reopen was rejected because it was untimely filed. The petitioner submitted the motion more than 85 days after the previous de...
Timeliness Of Filing Motion
dismissed
EB-1C
Sales And Marketing
The director denied the petition, and the AAO dismissed the appeal, because the petitioner failed to establish that the beneficiary would be...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Software Development
The director denied the petition, concluding that the petitioner failed to demonstrate that the beneficiary had been employed by the foreign...
Employment In A Managerial Capacity Employment In An Executive Capacity
dismissed
EB-1C
Business Management
The director denied the petition because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily manageri...
Managerial Capacity Executive Capacity Function Manager
dismissed
EB-1C
Cosmetics
The appeal was dismissed because the petitioner failed to establish that a qualifying corporate relationship existed between the U.S. entity...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Unknown
The appeal was rejected as untimely filed. The petitioner had 33 days to file an appeal after the director's decision was mailed, but the ap...
Timeliness Of Appeal
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...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Telecommunications And Electronics
The petition was denied on two grounds: failure to establish that the beneficiary would be employed in a managerial or executive capacity in...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
EB-1C
Management
The appeal was rejected because it was filed untimely. The appeal was received by CIS 39 days after the director's decision was issued, exce...
Timely Filing Of Appeal
dismissed
EB-1C
Battery 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
remanded
EB-1C
Information Technology Consulting
The director's decision was withdrawn and the case was remanded because the AAO found the petitioner had successfully proven it was doing bu...
Doing Business For At Least One Year Qualifying Relationship
sustained
EB-1C
International Freight Forwarding
The appeal was sustained because the petitioner successfully established that the beneficiary's roles with both the foreign and U.S. entitie...
Managerial Capacity Executive Capacity
sustained
EB-1C
Hotel Operations
The director initially denied the petition, concluding the petitioner did not have a qualifying relationship with the beneficiary's foreign ...
Qualifying Relationship Subsidiary Affiliate Control Of Foreign Entity
sustained
EB-1C
Farm Equipment
The director denied the petition, concluding the beneficiary would primarily perform routine sales and marketing duties rather than manageri...
Managerial Capacity Executive Capacity
sustained
EB-1C
Freight Forwarding
The director initially denied the petition, concluding the petitioner had not established the beneficiary's past and proposed roles were pri...
Managerial Capacity Executive Capacity Job Duties Organizational Structure Supervision Of Employees
sustained
EB-1C
Hospitality
The director denied the petition, finding no qualifying relationship because the petitioner managed the foreign hotel but did not own it. Th...
Qualifying Relationship Subsidiary/Affiliate Relationship Control Of The Foreign Entity Employer-Employee Relationship
sustained
EB-1C
Farm Equipment
The director initially denied the petition, finding the beneficiary's proposed role consisted of routine sales and marketing duties rather t...
Managerial Capacity Executive Capacity
remanded
EB-1C
Jewelry
The director denied the petition, finding the petitioner had not demonstrated a qualifying relationship between the U.S. and foreign entitie...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Import/Export
The director revoked a previously approved petition after an investigation revealed failures to meet key requirements. The AAO dismissed the...
Doing Business For One Year Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Revocation For Good And Sufficient Cause
dismissed
EB-1C
Food Import/Export
The appeal was rejected because it was not properly filed. The beneficiary of a visa petition is not a recognized party with standing to fil...
Managerial Or Executive Capacity Standing To Appeal
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 Or Executive Capacity (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Qualifying Corporate Relationship
dismissed
EB-1C
Garment Wholesale And Travel
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
Telecommunications
The appeal was dismissed. The director denied the petition because the petitioner did not demonstrate that the beneficiary would be employed...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Investment
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered salary at the time of fil...
Ability To Pay Proffered Wage
dismissed
EB-1C
Marketing And 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 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
dismissed
EB-1C
Diamond Import
The director denied the petition, concluding that the petitioner had not demonstrated that the beneficiary would be employed in a primarily ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director determined the petitioner had not e...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Hospitality
The director initially denied the petition for failure to establish a qualifying relationship and failure to prove the beneficiary would be ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Investment And Trade
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director determined that the petitioner had ...
Doing Business Prior Employment In Managerial/Executive Capacity Offered Position Is Managerial/Executive Qualifying Relationship
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed after the deadline. The director's decision was issued on January 26, 2005, but the appeal was ...
Timely Filing Of Appeal
dismissed
EB-1C
Distribution
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered salary of $100,000. The...
Ability To Pay Proffered Wage
remanded
EB-1C
Jewelry
The director denied the petition, concluding that the petitioner had not established a qualifying relationship between the U.S. and foreign ...
Qualifying Relationship Affiliate Subsidiary Common Ownership And Control
dismissed
EB-1C
Import/Export
The director revoked a previously approved petition, finding the petitioner failed to demonstrate several key requirements: doing business f...
Doing Business For One Year Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Revocation Authority
dismissed
EB-1C
Food Import/Export
The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined that the appeal was improperly filed becaus...
Managerial Or Executive Capacity Standing To Appeal Proper Filing Of Appeal
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 Or Executive Capacity Qualifying Relationship
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 Subsidiary Common Ownership And Control
dismissed
EB-1C
Hospitality Services
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
Packaging And Printing
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed primarily in a ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant Business
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage. The petitioner's ta...
Ability To Pay Proffered Wage Doing Business Qualifying Managerial Or Executive Capacity
remanded
EB-1C
Construction
The appeal was remanded because the director denied the petition without first issuing a required Request for Evidence (RFE). The AAO determ...
Qualifying Overseas Employment Qualifying Relationship Between Entities Doing Business For One Year Ability To Pay Proffered Wage Managerial Or Executive Duties
dismissed
EB-1C
International Trade
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 Ability To Pay Proffered Wage
remanded
EB-1C
Automotive
The director initially denied the petition, believing the beneficiary's H-1B visa indicated he worked in the U.S., not abroad. The AAO found...
One Year Of Qualifying Employment Abroad Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S.
remanded
EB-1C
Petroleum Gas Distribution
The case was remanded because the director's initial denial cited issues for which no Request for Evidence was issued. While the petitioner ...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Entity Ability To Pay Proffered Wage Doing Business For At Least One Year
dismissed
EB-1C
Import/Export
The appeal was dismissed because the director revoked the initial approval on three grounds: the beneficiary would not be employed in a mana...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay
remanded
EB-1C
Agricultural Products Import/Export
The appeal was remanded because the director's denial was based on an inadequate Request for Evidence (RFE). The AAO found that the director...
Doing Business For At Least One Year Ability To Pay Proffered Wage Managerial/Executive Job Duties
remanded
EB-1C
Automotive
The AAO found that the petitioner submitted sufficient evidence to establish the beneficiary's employment abroad for the required period, de...
Employment Abroad For One Year Managerial/Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was improperly filed. The regulations state that only an 'affected party' has the standing to file an app...
Standing To File Appeal Properly Filed Appeal
dismissed
EB-1C
Business Management
The appeal was rejected on procedural grounds because it was improperly filed. The regulations state that the beneficiary of a visa petition...
Legal Standing To Appeal
dismissed
EB-1C
Multinational Management
The motion to reopen or reconsider was rejected as untimely filed. The motion was received 39 days after the decision was issued, which is b...
Timely Filing Of Motion
dismissed
EB-1C
Energy Research And Consulting
The appeal was dismissed because the petitioner failed to submit a timely rebuttal to the director's notice of intent to revoke the petition...
Doing Business In The Us Managerial Or Executive Capacity (Us) Managerial Or Executive Capacity (Foreign) Qualifying Relationship Ability To Pay
dismissed
EB-1C
Business
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity Of The Beneficiary U.S. And Foreign Entities Actively Doing Business Petitioner'S Ability To Pay The Proffered Wage Proper Response To A Notice Of Intent To Revoke (Noir)
remanded
EB-1C
Management
The case was remanded due to a procedural error. The director improperly used a 'motion to reopen' to revoke the previously approved petitio...
Qualifying Relationship Managerial Or Executive Capacity Doing Business
dismissed
EB-1C
Wholesale Trade
The petitioner's motion to reopen and reconsider was dismissed because it failed to meet the regulatory standards. The petitioner did not su...
Executive Capacity Managerial Capacity Job Duties Organizational Structure
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. Additio...
Qualifying Relationship One Year Of Foreign Employment Managerial Or Executive Capacity Doing Business
dismissed
EB-1C
Party Planning
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Employment Abroad In A Managerial Or Executive Capacity Employment In The United States In A Managerial Or Executive Capacity Petitioner Doing Business For One Year Prior To Filing Ability To Pay Proffered Wage Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact On Appeal
dismissed
EB-1C
Steel And Metal Trading
The appeal was dismissed. Although the AAO withdrew the director's finding regarding the lack of a qualifying corporate relationship, the pe...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Energy Research And Consulting
The appeal was dismissed because the petitioner failed to submit a timely rebuttal to the director's notice of intent to revoke the petition...
Doing Business In The Us Managerial Or Executive Capacity (Us) Managerial Or Executive Capacity (Foreign) Qualifying Relationship Ability To Pay
dismissed
EB-1C
Business
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Prior Employment In A Managerial Or Executive Capacity Beneficiary'S Proposed Employment In A Managerial Or Executive Capacity Petitioner'S Ability To Pay Proffered Wage Doing Business In U.S. And Abroad
remanded
EB-1C
Business
The appeal was remanded because the director used an improper procedure to revoke a previously approved petition. Instead of issuing a 'noti...
Qualifying Relationship Between Foreign And U.S. Entities Employment In A Managerial Or Executive Capacity Doing Business In The U.S.
dismissed
EB-1C
General Merchandise Wholesale
The motion to reopen and reconsider was dismissed because the petitioner failed to present new evidence that was previously unavailable, as ...
Managerial Or Executive Capacity Motion To Reopen Or Reconsider Standards Organizational Structure Job Duties
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