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 135 of 258
dismissed
EB-1C
Handicrafts
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S. in a primarily manage...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Hospitality
The appeal was rejected on procedural grounds because it was not properly filed. The appeal was submitted by the beneficiary's attorney, but...
Doing Business For One Year Qualifying Managerial/Executive Duties Abroad Qualifying Managerial/Executive Duties In The U.S. Standing To File An Appeal
dismissed
EB-1C
Furniture Retail And Car Rental
The appeal was rejected on procedural grounds because the petitioner filed using the wrong form (EOIR-29 instead of I-290B) and submitted an...
Doing Business For At Least One Year Proper Appeal Form And Fee Corporate Status
dismissed
EB-1C
Furniture And Auto Rental
The appeal was rejected on procedural grounds, not on the merits of the case. The petitioner filed the appeal using the wrong form (Form EOI...
Doing Business For One Year Improper Filing Form Incorrect Filing Fee
dismissed
EB-1C
Clothing Retail
The appeal was dismissed for two main reasons. First, the Form I-140 was improperly filed by the beneficiary on her own behalf, rather than ...
Proper Filing By U.S. Employer Qualifying Relationship Between U.S. And Foreign Entities Inconsistent Evidence Of Ownership
dismissed
EB-1C
Importing
The appeal was summarily dismissed because the petitioner failed to address the grounds for the initial denial. The director found that the ...
Managerial Capacity Executive Capacity Staffing Levels Performance Of Non-Qualifying Duties
dismissed
EB-1C
Automotive Accessories
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage, submitting insufficient evidence ...
Ability To Pay Proffered Wage Qualifying Employment Abroad (Managerial/Executive) Proposed U.S. Position (Managerial/Executive)
dismissed
EB-1C
Automotive
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily m...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity Definition Of 'Managerial Capacity' Definition Of 'Executive Capacity'
dismissed
EB-1C
Management
The motion to reopen and reconsider was dismissed. The AAO found that the petitioner's initial appeal of the denial was untimely filed, and ...
Timely Filing Of Appeal/Motion Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. Specifically, the p...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity Of U.S. Position Foreign Entity Continues To Do Business
dismissed
EB-1C
Dry Cleaning
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 it was adequately staffed to relieve the beneficiary from having to perf...
Managerial Capacity Executive Capacity Staffing Levels Use Of Contract Labor
remanded
EB-1C
Remodeling And Renovation
The AAO found that the petitioner successfully demonstrated the beneficiary would be employed in a qualifying managerial capacity, overcomin...
Managerial Or Executive Capacity Qualifying Relationship (Ownership And Control)
dismissed
EB-1C
Architecture
The appeal was dismissed because the petitioner failed to prove a qualifying relationship between the U.S. and foreign entities due to incon...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Garment Manufacturing
The appeal was rejected because the original petition was denied for abandonment after the petitioner failed to respond to a Request for Evi...
Denial For Abandonment Right To Appeal Proper Service Of Rfe
dismissed
EB-1C
Fashion Watches
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 Ineffective Assistance Of Counsel Appeal Requirements
dismissed
EB-1C
International Trade
The appeal was dismissed because the petitioner failed to overcome the director's findings that a qualifying relationship between the foreig...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected as untimely filed. The director's decision was issued on February 16, 2006, and the petitioner was given 33 days to ...
Timely Filing Of Appeal
dismissed
EB-1C
Retail Trade And Investments
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary would not be employed in a pr...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed, not on its merits, but because the petitioner's counsel formally requested to withdraw the appeal. The decision wa...
dismissed
EB-1C
Travel Services
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present new ...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Qualifying Corporate Relationship Sufficient Support Staff
dismissed
EB-1C
Multinational Management
The appeal was dismissed (rejected as improperly filed) because the beneficiary, not the petitioner, filed it. According to regulations, the...
Standing To File An Appeal
dismissed
EB-1C
Clothing Retail
The director initially denied the petition on two grounds: the beneficiary's foreign employment capacity and the proposed U.S. employment ca...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because it was filed untimely. The director's decision was issued on January 11, 2006, but the appeal was not recei...
Timely Filing Of Appeal
dismissed
EB-1C
Software Development
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
sustained
EB-1C
Software Development
The director initially denied the petition, finding the petitioner had not established that the beneficiary would be employed in a primarily...
Managerial Capacity Executive Capacity Supervision Of Subordinate Employees Management Of An Essential Function
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...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Organizational Structure And Staffing Levels
sustained
EB-1C
Scrap Metal Export
The director denied the petition, concluding the beneficiary would not be employed in a managerial/executive capacity and that a qualifying ...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was untimely filed. The petitioner was required to file the appeal within 18 days of the decision but fil...
Timely Filing Of Appeal
dismissed
EB-1C
Nutrition Supplies
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the director's decision. T...
Managerial Or Executive Capacity (Us) Managerial Or Executive Capacity (Abroad) Qualifying Relationship Doing Business For One Year
dismissed
EB-1C
Marketing And Advertising
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
Handicrafts
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
Fertility 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
Furniture Design
The appeal was summarily dismissed because the petitioner failed to identify a specific error of law or fact made by the director, instead a...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Existence And Business Of Foreign Employer Qualifying Relationship Doing Business For One Year Ability To Pay
dismissed
EB-1C
Furniture Retail And Auto Rental
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 At Least One Year Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (In The U.S.)
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The A...
Qualifying Relationship Managerial Or Executive Capacity (Foreign Employment)
dismissed
EB-1C
Real Estate Management
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in a managerial or executive cap...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Abroad Position) Qualifying Relationship Between Entities
dismissed
EB-1C
Railroad Transportation
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role as a 'yardmaster' would be primaril...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Components
The appeal was dismissed because the petitioner failed to establish eligibility on two grounds. First, the petitioner did not prove it could...
Managerial Capacity Executive Capacity Qualifying Relationship Between Entities Ability To Employ In A Qualifying Capacity
remanded
EB-1C
Management Services
The director initially denied the petition, concluding the petitioner had not demonstrated the ability to pay the proffered wage based on ta...
Ability To Pay
dismissed
EB-1C
Dairy Products Distribution
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements. The petitioner did not ...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Management
The motion was rejected on procedural grounds. The initial appeal was improperly filed by the beneficiary, who lacks legal standing, and the...
Standing To File An Appeal Timeliness Of Appeal Jurisdiction Over A Motion To Reopen Submission Of New Evidence On Appeal
dismissed
EB-1C
Sales And Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Employment In A Primarily Executive Capacity
dismissed
EB-1C
Electronics And Telecommunications
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
Wholesale
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 Job Duties Organizational Structure Staffing Levels
sustained
EB-1C
Multinational Executive Or Manager
The decision sustains a motion to reopen and withdraws a prior AAO decision from December 21, 2005. This action was taken to correct a cleri...
Motion To Reopen 8 C.F.R. § 103.5(A)(5)
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed untimely. The appeal was received 30 days after the director's decision was issued, which is be...
Timeliness Of Appeal
dismissed
EB-1C
Multinational Management
The appeal was rejected because the underlying petition was automatically revoked after the petitioning company was dissolved. The AAO deter...
Managerial Or Executive Capacity Petitioner Doing Business Qualifying Relationship With Foreign Entity Automatic Revocation Standing To Appeal
dismissed
EB-1C
Unknown
The director's revocation was affirmed because the petitioning company was dissolved, which triggered an automatic revocation of the petitio...
Managerial Or Executive Capacity Doing Business Qualifying Relationship Automatic Revocation Portability Under Ac21
sustained
EB-1C
Cruise Line Operations
The petition was initially denied because the director determined the petitioner failed to establish that the beneficiary was employed abroa...
Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Freight Shipping
The appeal was rejected as it was untimely filed one day after the deadline. The AAO also noted that even if the appeal had been timely, it ...
Managerial Capacity (U.S.) Executive Capacity (U.S.) Managerial Capacity (Abroad) Executive Capacity (Abroad) Managing An Essential Function
dismissed
EB-1C
Business Management
The appeal was rejected as improperly filed because it was submitted by the beneficiary, not the petitioner. Per regulations, the beneficiar...
Standing To Appeal Managerial Or Executive Capacity (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Qualifying Corporate Relationship
dismissed
EB-1C
Gasoline Station
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay Failure To Provide Specific Reasons For Appeal
dismissed
EB-1C
Business Management
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted to permanent resident status through a different a...
Qualifying As Executive Or Manager
dismissed
EB-1C
Hotel Management
The appeal was dismissed because the petitioner failed to overcome the director's finding that a qualifying parent-subsidiary relationship d...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Jewelry
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner did ...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Proffered Wage One Year Of Prior Employment Abroad
dismissed
EB-1C
Residential Construction
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Qualifying Relationship With Foreign Employer Doing Business At Time Of Filing Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Ability To Pay Proffered Wage Failure To Identify Error In Appeal
dismissed
EB-1C
Food Import
The appeal was summarily dismissed because the petitioner failed to specifically identify any errors in the director's decision. The directo...
Doing Business Managerial Or Executive Capacity
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
dismissed
EB-1C
Wire Products
The appeal was dismissed because the petitioner failed to establish a qualifying parent-subsidiary relationship. The director found, and the...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Retail And Auto Rental
The appeal was dismissed because the petitioner failed to establish it had been doing business for at least one year prior to filing the pet...
Doing Business For At Least One Year Successor-In-Interest Credibility Of Claims
dismissed
EB-1C
Printing And Graphics
The motion to reopen was dismissed because it failed to meet regulatory requirements. The petitioner did not present new facts or establish ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Doing Business For At Least One Year
dismissed
EB-1C
Heavy Machinery And Engineering
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
Wholesale 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 Staffing Levels
dismissed
EB-1C
Investment
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove that the beneficiary would...
Managerial Or Executive Capacity Doing Business For One Year Staffing Levels Job Duties
dismissed
EB-1C
Importation And 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 (U.S. Position) Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
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
Garment Import/Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The s...
Qualifying Relationship Subsidiary Affiliate
dismissed
EB-1C
Import And Wholesale
The appeal was dismissed, and the petition denied, because the petitioner failed to establish two key requirements. First, it was not proven...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Clothing 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
remanded
EB-1C
Hair Salon
The appeal was rejected because it was filed after the 33-day deadline. However, because the untimely appeal met the requirements of a motio...
Timeliness Of Appeal Motion To Reopen Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The motion to reopen was rejected because it was filed almost two years after the 30-day deadline. The petitioner claimed the delay was due ...
Timeliness Of Motion
dismissed
EB-1C
General Merchandise Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Dental Equipment
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 Staffing Levels Job Duties
remanded
EB-1C
Exporting
The appeal was rejected as untimely because it was filed 28 days after the decision was issued, exceeding the 18-day limit. However, the AAO...
Managerial Capacity Executive Capacity Function Manager
dismissed
EB-1C
Finance
The director denied the petition, concluding that the petitioner had not established that the beneficiary would be employed in a primarily m...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Industrial Software
The director denied the petition, concluding the petitioner had not demonstrated that the beneficiary would be employed in the U.S. in a pri...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been or would be employed in a primarily manage...
Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Detailed Description Of Job Duties
dismissed
EB-1C
Carpet Services
The appeal was ultimately dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily manag...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
EB-1C
Dry Cleaning
The appeal was dismissed because the petitioner failed to establish three key requirements for the visa category. The director initially den...
Managerial Or Executive Capacity Of U.S. Role Managerial Or Executive Capacity Of Foreign Role Qualifying Relationship
dismissed
EB-1C
Import/Export Trading
The petition's approval was revoked after a consular investigation revealed the foreign parent company was no longer operating and the petit...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Entity Ac21 Portability
dismissed
EB-1C
Business Consulting
The appeal was dismissed because the petitioner failed to prove that its foreign headquarters in Japan was 'doing business.' While the petit...
Doing Business (U.S.) Doing Business (Foreign) Managerial Or 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...
Foreign Entity Doing Business Managerial Capacity Executive Capacity Staffing Levels Organizational Structure
dismissed
EB-1C
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 Qualifying Relationship
dismissed
EB-1C
Textile/Apparel Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The petitioner submit...
Qualifying Relationship Managerial Or Executive Capacity Ownership And Control
dismissed
EB-1C
Import/Wholesale
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in the United States in a prima...
Managerial Capacity Executive Capacity
dismissed
EB-1C
International Sales
The appeal was summarily dismissed because the petitioner's counsel admitted the U.S. entity could not pay the proffered wage and incorrectl...
Ability To Pay Qualifying Employment Abroad Qualifying Relationship Doing Business For One Year Proposed U.S. Duties
remanded
EB-1C
Real Estate
The appeal was remanded because while the petitioner overcame the initial grounds for denial regarding its ability to pay the proffered wage...
Ability To Pay Proffered Wage Qualifying Employment Abroad (Managerial/Executive) Qualifying Relationship Between Entities Doing Business For At Least One Year Offer Of Employment (Managerial/Executive Duties In U.S.)
dismissed
EB-1C
Automotive Distribution
The appeal was dismissed because the director's denial, based on suspicions of fraud and factual inconsistencies, was upheld. The petitioner...
Invalid Withdrawal Of Petition Fraud Failure To Respond To Notice Of Intent To Deny Burden Of Proof
dismissed
EB-1C
Jewelry Design And Retail
The appeal was rejected on procedural grounds, not on its merits. The AAO determined the appeal was improperly filed because the beneficiary...
Managerial Or Executive Capacity Standing To Appeal
dismissed
EB-1C
Shoe Import/Export
The appeal was dismissed and the petition ultimately denied because the petitioner failed to establish several key requirements. Specificall...
Qualifying Relationship Between U.S. And Foreign Entities Petitioner'S Legal Structure And Eligibility To File Managerial Or Executive Capacity Of Beneficiary'S Proposed U.S. Role Beneficiary'S One Year Of Prior Employment In A Managerial Or Executive Role Petitioner'S Ability To Pay Proffered Wage Requirement For Both Entities To Be 'Doing Business' For At Least One Year
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
dismissed
EB-1C
Marketing And Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capa...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Software
The appeal was dismissed because the petitioner failed to establish it was 'doing business' in the United States on a regular, systematic, a...
Doing Business Managerial Capacity Executive Capacity
dismissed
EB-1C
Retail Management
The appeal was dismissed because the petitioner failed to provide detailed job descriptions to establish that the beneficiary's past foreign...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage
dismissed
EB-1C
Fashion Jewelry Retail
The appeal was summarily dismissed because the petitioner failed to specifically address the director's grounds for denial. The petitioner d...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Qualifying Foreign Employment Doing Business For At Least One Year
dismissed
EB-1C
Hospitality
The motion is dismissed because it is identical to a prior motion that was already granted and considered, and no additional evidence or rea...
Managerial Or Executive Capacity
dismissed
EB-1C
Remodeling
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. While t...
Qualifying Relationship Ownership Control Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner's counsel formally requested that the appeal be withdrawn...
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