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 139 of 258
dismissed
EB-1C
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. petitioner and the ...
Qualifying Relationship Affiliate Ownership And Control
dismissed
EB-1C
Horse Breeding
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating they would do so....
Qualifying Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Corporate Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Qualifying Relationship Between Entities
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was in a qualifying managerial ...
Beneficiary'S Employment Abroad (Managerial/Executive Capacity) Proposed U.S. Employment (Managerial/Executive Capacity) Qualifying Corporate Relationship
dismissed
EB-1C
Business
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
General Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role would be in a qualifying managerial...
Managerial Capacity Executive Capacity Organizational Structure Supervision Of Professional/Supervisory Staff
sustained
EB-1C
Finance
The director denied the petition solely because the petitioner failed to establish it had been doing business for at least one year prior to...
Doing Business For At Least One Year
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not provide new ...
Managerial Or Executive Capacity Employer-Employee Relationship Motion To Reopen Requirements Ineffective Assistance Of Counsel
dismissed
EB-1C
Business Management
The appeal was rejected on procedural grounds. First, the underlying petition was denied for abandonment, and regulations state that no appe...
Denial For Abandonment Right To Appeal Timeliness Of Appeal
dismissed
EB-1C
Pharmaceuticals
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
remanded
EB-1C
Business
The appeal was remanded on procedural grounds. The director had approved the petition but later issued a denial, which effectively revoked t...
Revocation Procedure Notice Of Intent To Revoke Good And Sufficient Cause
dismissed
EB-1C
Real Estate Management
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility. The petitioner did not provide sufficient...
Managerial Or Executive Capacity (Abroad) Qualifying Relationship Managerial Or Executive Capacity (U.S.) Ability To Pay
dismissed
EB-1C
Retail Distribution
The appeal was dismissed because the petitioner failed to establish that it had been doing business for at least one year prior to filing th...
Doing Business For At Least One Year
dismissed
EB-1C
Unknown
The appeal was dismissed because it was not filed within the required 33-day period. The petitioner initially sent the appeal to the wrong o...
Timely Filing Of Appeal Motion To Reopen/Reconsider Standards
dismissed
EB-1C
Unknown
The motion to reopen and reconsider was rejected because it was filed untimely. The motion was received 44 days after the decision was issue...
Timeliness Of Motion
dismissed
EB-1C
Interior Design
The appeal was dismissed because the petitioner failed to establish it had been doing business in the United States for at least one year pr...
Doing Business For One Year Qualifying Corporate Relationship
dismissed
EB-1C
Retail Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The director initially denied the petition because the petitioner failed to establish it had been doing business in the United States for at...
Doing Business For One Year Failure To Identify Error On Appeal
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to specifically identify an erroneous conclusion of law or statement of fac...
Doing Business For One Year Failure To Identify Error On Appeal
sustained
EB-1C
Airline
The appeal was sustained because the AAO found the director's reasons for denial were erroneous. The AAO concluded that the petitioner did p...
Ability To Pay Qualifying Employment Abroad (Managerial/Executive)
dismissed
EB-1C
Investment And Retail
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Employment By A Qualifying Entity
dismissed
EB-1C
Corporate Management
The appeal was dismissed because the petitioner failed to establish the beneficiary had the requisite employer-employee relationship with th...
Employer-Employee Relationship One Year Of Foreign Employment Managerial Or Executive Capacity
dismissed
EB-1C
Corporate Management
The motion to reopen and reconsider was dismissed. The petitioner failed to resolve inconsistencies in the record regarding its ownership an...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Trade
The appeal was dismissed because the petitioner failed to establish that it had been doing business in the U.S. for at least one year prior ...
U.S. Entity Doing Business For At Least One Year Beneficiary'S Prior Employment With Foreign Entity Successor-In-Interest Petition Filing Date
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish eligibility on three independent grounds. The petitioner did not prove a...
Qualifying Relationship Doing Business Managerial Or Executive Capacity
dismissed
EB-1C
International Trade
The motion was dismissed because it failed to meet the requirements for either a motion to reopen (by not providing new facts) or a motion t...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Requirements For A Motion To Reopen Requirements For A Motion To Reconsider
dismissed
EB-1C
Business Administration
The motion to reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner's counsel did not cite any lega...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Motion To Reconsider Requirements
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish on two grounds that the beneficiary was eligible. The petitioner did not...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Marketing
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact 8 C.F.R. § 103.3(A)(1)(V)
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S. Petitioner Doing Business For One Year Continued Operation Of Foreign Entity
dismissed
EB-1C
General Business
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the foreign entity was regularly 'doing business'...
Foreign Entity Doing Business Beneficiary'S Employment Abroad In A Managerial Or Executive Capacity Beneficiary'S Proposed Employment In The U.S. In A Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Business Management
The motion to reconsider was dismissed on procedural grounds. The petitioner failed to state the reasons for reconsideration supported by pe...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Retail Sales
The initial appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a managerial or executive capac...
Managerial Or Executive Capacity Job Duties Staffing Levels Qualifying Employment Abroad
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Ability To Pay Managerial Or Executive Capacity
dismissed
EB-1C
Wholesale Trade
The director denied the petition, finding that the petitioner had not established that the beneficiary would be employed in a primarily mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed after the 33-day deadline had passed. The AAO noted that the appeal was received 35 days after ...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Business Operations
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
Unknown
The appeal was dismissed because it was filed untimely. The petitioner had 33 days to file the appeal after the director's decision was mail...
Timely Filing Of Appeal
dismissed
EB-1C
Business
The director initially denied the petition for failure to establish a qualifying relationship and failure to prove the beneficiary would be ...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Unknown
The appeal was rejected because it was an improperly filed second appeal of the same director's decision, which is not permitted by regulati...
Prohibition Of Multiple Appeals Appealing A Prior Aao Decision Ineffective Assistance Of Counsel Claim Requirements
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed for failing to meet regulatory requirements. The petitioner impermissibly introduced new f...
Managerial Or Executive Capacity (Proposed Us Role) Managerial Or Executive Capacity (Abroad Role) Qualifying Relationship Between Entities
dismissed
EB-1C
Telecommunications
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 Organizational Structure Staffing Levels
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be primaril...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected primarily on procedural grounds. It was filed untimely, 41 days after the previous decision, which is beyond the 33-...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Prohibition Of Multiple Appeals
dismissed
EB-1C
Computer Sales And Repair
The appeal was dismissed because the petitioner failed to establish two key requirements. The AAO concurred with the director's findings tha...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
sustained
EB-1C
Textile Wholesale
The director initially denied the petition, concluding the beneficiary would perform operational sales tasks rather than primarily manageria...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to overcome key deficiencies. The petitioner did not address the director's finding t...
Qualifying Relationship Foreign Entity Operations Ability To Pay Managerial Or Executive Capacity
dismissed
EB-1C
Gas Station Operations
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
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
Restaurant
The AAO found that the director erred on three grounds, concluding that the petitioner did establish a qualifying relationship, that the for...
Qualifying Relationship Foreign Entity Doing Business Us Entity Doing Business For One Year Managerial Or Executive Capacity
dismissed
EB-1C
Business Consulting
The director denied the petition for failing to establish that the beneficiary would be employed in a qualifying managerial or executive cap...
Managerial Capacity Executive Capacity Ability To Pay Wage
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to provide credible evidence that the beneficiary would be employed in a qualifying m...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food Production
The appeal was dismissed because the petitioner failed to provide sufficient evidence for multiple key criteria. Specifically, the petitione...
Doing Business For At Least One Year Qualifying Foreign Employment Qualifying Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Banking
The appeal was dismissed because the petitioner failed to establish it had been 'doing business' in the U.S. for at least one year prior to ...
Doing Business For One Year Qualifying Relationship Definition Of Doing Business
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship (e.g., parent, subsidiary, or affili...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Prior Employment Abroad Managerial Or Executive Capacity Applicability Of Ac21 Portability
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts that were available at the time of the ...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. Eligibility At Time Of Filing
sustained
EB-1C
Computer Services
The appeal was sustained because the AAO found the director's grounds for denial were incorrect. The AAO determined that the evidence, inclu...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for the required duration withi...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity One Year Of Foreign Employment In The Preceding Three Years Doing Business
dismissed
EB-1C
General Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial/Executive Capacity (U.S.) Managerial/Executive Capacity (Abroad) Doing Business For One Year
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Failure To Identify Specific Error Of Law Or Fact
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Employment Abroad In A Managerial Or Executive Capacity Employment In The Us In A Managerial Or Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was not filed in a timely manner. The appeal was received on November 2, 2009, which was 37 days after th...
Timely Filing Of Appeal
dismissed
EB-1C
Multinational Manager/Executive
The appeal was rejected because it was filed after the deadline. The decision was issued on September 26, 2009, and the appeal was received ...
Timely Filing Of Appeal
remanded
EB-1C
Unknown
The appeal was rejected because it was filed 35 days after the decision was issued, exceeding the 33-day time limit. However, the case was r...
Timeliness Of Appeal Treating Appeal As Motion
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish multiple grounds for eligibility. The director found the petitioner did ...
Ability To Pay Qualifying Employment Abroad Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Business Management
The AAO affirmed the director's denial, finding the petitioner failed to establish that the beneficiary's past foreign employment and propos...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Employment In The U.S. (Managerial/Executive)
dismissed
EB-1C
Management
The motion to reopen and reconsider a previously dismissed appeal was dismissed on procedural grounds. The petitioner failed to provide new ...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment (Managerial/Executive) Ability To Pay Proffered Wage Procedural Requirements For Motion To Reopen Procedural Requirements For Motion To Reconsider
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to overcome the director's adverse findings. Specifically, the petitioner did not est...
Qualifying Relationship Foreign Entity Doing Business Managerial Or Executive Capacity Willful Misrepresentation
remanded
EB-1C
Business
The AAO withdrew the director's denial, which was based on an inconsistency regarding the corporate relationship (subsidiary vs. affiliate),...
Qualifying Corporate Relationship Managerial Or Executive Capacity Doing Business For At Least One Year One Year Of Prior Employment Abroad
sustained
EB-1C
Manufacturing
The director denied the petition, concluding the beneficiary would not be employed in a qualifying managerial or executive capacity. The AAO...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. petitioner and the ...
Qualifying Relationship Affiliate Status Authority To Revoke Petition
sustained
EB-1C
Industrial Services
The director initially denied the petition for lack of evidence establishing the beneficiary's employment abroad was in a qualifying manager...
Managerial Capacity Executive Capacity Employment Abroad Organizational Structure Subordinate Staff Duties
dismissed
EB-1C
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Business Administration
The initial petition was denied because the petitioner failed to submit any evidence to establish eligibility as a multinational manager or ...
Failure To Submit Evidence Failure To Identify Error On Appeal Burden Of Proof
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In A Qualifying Managerial Or Executive Capacity Qualifying Relationship Between Foreign And U.S. Entities
dismissed
EB-1C
Business Development
The appeal was dismissed because the petitioner failed to provide requested evidence regarding the beneficiary's job duties abroad in respon...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Between Foreign And U.S. Entities Employment Abroad In A Managerial Or Executive Capacity
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to address the five grounds for denial cited by the director. The AAO found that the ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Qualifying Relationship Doing Business For One Year
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's employment and res...
Employment Abroad In A Qualifying Managerial Capacity Qualifying Relationship Between Entities Proposed Employment In The U.S. In A Managerial/Executive Capacity
remanded
EB-1C
Airline
The director's decision to deny the petition based on the petitioner's ability to pay the proffered wage was found to be erroneous and was w...
Ability To Pay Managerial Capacity Executive Capacity Job Duties Organizational Chart
dismissed
EB-1C
Corporate Management
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Doing Business For One Year Failure To Provide Evidence Failure To Identify Error On Appeal
dismissed
EB-1C
Management
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
One Year Of Foreign Employment Qualifying Relationship Managerial Or Executive Capacity Failure To Identify Error On Appeal
sustained
EB-1C
Sales And Marketing
The appeal was sustained because the petitioner established that the beneficiary would be employed as a 'function manager' rather than a 'pe...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Distinction Between Personnel Manager And Function Manager
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...
Qualifying Relationship Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Management
The director initially denied the petition on two grounds: failure to establish the beneficiary would be employed in a managerial capacity a...
Managerial Capacity Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary's duties, both in the prior foreign employment and ...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment (Managerial/Executive) Ability To Pay Proffered Wage
dismissed
EB-1C
Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Retail
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 Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Investment Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Function Manager
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the director's original de...
Failure To Submit Supporting Evidence Failure To Identify Specific Error On Appeal Burden Of Proof Eligibility At Time Of Filing
dismissed
EB-1C
Business
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact m...
Qualifying Relationship Employment Abroad In A Managerial/Executive Capacity
dismissed
EB-1C
Manufacturing
The director initially denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity
dismissed
EB-1C
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
dismissed
EB-1C
Wholesale, Retail, And Investment
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S. Petitioner Continues To Do Business
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to demonstrate a qualifying relationship with the beneficiary's foreign employer at t...
Qualifying Relationship Managerial Or Executive Capacity Timing Of Qualifying Relationship At Time Of Filing
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to prove its ability to pay the beneficiary's proffered wage using the types of finan...
Ability To Pay 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
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