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 151 of 258
dismissed
EB-1C
Retail
The appeal was dismissed because the Director properly revoked the petition's approval. Site visits and an interview with the Beneficiary re...
Doing Business Ability To Pay Proffered Wage Revocation Of Approved Petition
dismissed
EB-1C
Lab Testing Services
The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect applic...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Petitioner Doing Business Ability To Pay Proffered Wage Foreign Employer Doing Business
dismissed
EB-1C
Mechanical Tools Distribution
The motion to reopen was dismissed because the petitioner failed to provide new facts or supporting documentary evidence as required. The mo...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Ability To Pay Bona Fide Employer
dismissed
EB-1C
Engineering Consulting
The motions were dismissed because they were determined to be untimely filed. The petitioner claimed to have submitted a prior, timely motio...
Motion To Reopen Motion To Reconsider Timeliness Of Motion
remanded
EB-1C
Automotive Systems
The Director denied the petition, concluding the petitioner had not been 'doing business' for at least one year as its tax returns showed no...
Doing Business For At Least One Year
dismissed
EB-1C
Computer Software Development
The appeal was dismissed because it challenged the Director's denial of a motion to reopen, not the underlying petition's merits. The AAO fo...
Managerial Or Executive Capacity Motion To Reopen Requirements
dismissed
EB-1C
Information Technology
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship Affiliate Ownership And Control
remanded
EB-1C
Broadcast Media
The Director denied the petition because the Petitioner did not submit its own federal tax return or other primary evidence to establish its...
Ability To Pay Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Plumbing
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Failure To State Grounds For Appeal
sustained
EB-1C
Liquid Fuels And Chemicals
The Director denied the petition, concluding that the Beneficiary's roles abroad and in the U.S. were not primarily managerial or executive....
Managerial Capacity Executive Capacity
dismissed
EB-1C
Child Care
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in an executive capac...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer
remanded
EB-1C
Real Estate
The appeal was remanded because the Director's denial was based on a deficient and incomplete analysis of the evidence. The Director misinte...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Us) Qualifying Relationship (Multinational Entity) Doing Business (Us And Abroad)
remanded
EB-1C
Insurance
The appeal was remanded because the Director's decision did not reflect consideration of the petitioner's response to a Request for Evidence...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment Qualifying Relationship Ability To Pay Proffered Wage
dismissed
EB-1C
Diamond Wholesale
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a qualifying executive capacity....
Doing Business For At Least One Year Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Wholesale Diamond Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Managerial Or Executive Capacity Ability To Pay Qualifying Relationship
remanded
EB-1C
Cabinet Design And Sales
The Director's decision was withdrawn and the case was remanded. While the petitioner successfully provided evidence on appeal to show it an...
Ability To Pay Proffered Wage Doing Business Managerial Or Executive Capacity Organizational Structure/Staffing Properly Certified English Translations
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's actual foreign employer...
Qualifying Relationship Ownership And Control Identity Of Foreign Employer
remanded
EB-1C
Restaurant Management
The decision was remanded because the Director's denial was procedurally deficient. The denial notice was unclear, failed to acknowledge sub...
Managerial/Executive Capacity (Foreign Employment) Managerial/Executive Capacity (U.S. Employment) One Year Of Foreign Employment In Preceding Three Years Qualifying Relationship Between Entities
dismissed
EB-1C
Automotive And Equipment Sales
The motion to reconsider was dismissed because the petitioner failed to prove a legal error in the prior decision. The AAO affirmed its calc...
Qualifying Employment Abroad (One-In-Three-Year Rule) Qualifying Managerial/Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Book Publishing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Employment In A Managerial Or Executive Capacity In The U.S. Employment Abroad In A Managerial Or Executive Capacity Petitioner Doing Business For At Least One Year Clarity And Specificity Of Job Duties
dismissed
EB-1C
Real Estate Asset Management
The motion to reconsider was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying exe...
Qualifying Relationship Employment In An Executive Capacity Beneficiary'S Duties
sustained
EB-1C
Software
The appeal was sustained because the AAO found that the Director failed to properly consider the beneficiary's role within the larger comple...
Employment Abroad In Executive Capacity Proposed U.S. Employment In Executive Capacity Definition Of Executive Capacity Qualifying Corporate Relationship
dismissed
EB-1C
Footwear
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Executive Capacity Definition Primarily Engaged In Executive Duties
remanded
EB-1C
Machinery Manufacturing
The appeal was remanded because the Director's denial was based on an incomplete and inaccurate analysis of the submitted evidence. The Dire...
Managerial Capacity In The U.S. Managerial Or Executive Capacity Abroad For One Year
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to prove it had been doing business in the U.S. for at least one year prior to filing...
Petitioner Doing Business For At Least One Year Beneficiary Employed Abroad In A Managerial Capacity Beneficiary To Be Employed In The U.S. In A Managerial Capacity
remanded
EB-1C
Management Consulting
The appeal was remanded because the Director's denial notice was procedurally deficient. The AAO concluded that the Director failed to adequ...
Managerial Capacity Executive Capacity Personnel Manager Function Manager Employment Abroad
dismissed
EB-1C
Construction Supplies
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Managerial Capacity Qualifying Relationship Between U.S. And Foreign Entity One Year Of Foreign Employment
dismissed
EB-1C
Furniture Sales
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect applicat...
Managerial Or Executive Capacity Sufficient Subordinate Staff Non-Qualifying Duties Motion To Reconsider Requirements
dismissed
EB-1C
Food Manufacturing
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 Employment Abroad Prospective U.S. Employment
remanded
EB-1C
Engineering
The Director denied the petition, incorrectly asserting that the qualifying relationship between the U.S. petitioner and the foreign employe...
One Year Of Foreign Employment In A Managerial/Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Timing Of Qualifying Relationship
dismissed
EB-1C
Electrical Contracting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Employment Abroad In A Managerial Capacity Definition Of Managerial Capacity Under Ina 101(A)(44)(A) Supervision Of Other Supervisory, Professional, Or Managerial Employees Whether Duties Are Primarily Managerial Vs. Operational
dismissed
EB-1C
Transportation Services
The appeal was dismissed because the petitioner requested to withdraw it. The AAO affirmed the Director's finding of willful misrepresentati...
Qualifying Relationship Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Ability To Pay Proffered Wage Doing Business Willful Misrepresentation Of A Material Fact
dismissed
EB-1C
International Trade
The motion was dismissed because the petitioner repeatedly failed to prove that the foreign employer was 'doing business,' meaning providing...
Managerial Or Executive Capacity Doing Business For At Least One Year Qualifying Relationship Foreign Employer Doing Business
dismissed
EB-1C
Engineering
The motion to reopen and reconsider was dismissed because the petitioner failed to prove a qualifying relationship with the beneficiary's fo...
Qualifying Relationship Subsidiary Branch Affiliate Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S.
remanded
EB-1C
Renewable Energy
The appeal was remanded because the Director's decision was flawed. The AAO found that the Director improperly based the denial on evidence ...
Qualifying Relationship With A Foreign Entity Employment In The U.S. In A Managerial Or Executive Capacity Employment Abroad In A Managerial Or Executive Capacity U.S. Employer Doing Business For At Least One Year
remanded
EB-1C
Auto Sales
The Director's decision was withdrawn and the case was remanded because of a procedural error. The Director relied on derogatory information...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Relationship Willful Misrepresentation Procedural Notice Requirements (Noid)
remanded
EB-1C
Information Technology
The appeal was remanded because the Director's denial was procedurally flawed. The AAO found that the Director based the denial on perceived...
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
EB-1C
Hydraulic Equipment
The appeal was dismissed because the Petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The P...
Qualifying Relationship Managerial Or Executive Capacity Abroad
dismissed
EB-1C
Engineering 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
Food Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. and foreign entitie...
Qualifying Relationship Doing Business For At Least One Year Ability To Pay Proffered Wage Beneficiary'S Qualifying Employment Abroad Beneficiary'S Qualifying Prospective Employment
dismissed
EB-1C
Retail Management
The motion was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying capacity for at...
One Year Of Foreign Employment In A Managerial/Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Managerial/Executive Capacity Of U.S. Position Ability To Pay Proffered Wage
dismissed
EB-1C
Wholesale Diamonds
The motions to reopen and reconsider were dismissed. The petitioner failed to provide new facts relevant to the time of filing that would ad...
Managerial Or Executive Capacity Ability To Pay Qualifying Relationship One Year Of Foreign Employment
dismissed
EB-1C
Furniture Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive capacity. ...
Executive Capacity Staffing Levels Organizational Structure Job Duties Of Beneficiary Job Duties Of Subordinate Staff
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Managerial Capacity Organizational Structure Staffing Levels Duties Of Subordinates Employment Abroad
dismissed
EB-1C
Restaurant Business
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 Job Duties
dismissed
EB-1C
Steel Trading
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Job Duties Staffing
dismissed
EB-1C
Book Publishing
The motion to reconsider was dismissed because the petitioner did not establish that the prior decision was based on an incorrect applicatio...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Doing Business For At Least One Year Functional Manager
dismissed
EB-1C
Childcare
The motion to reopen was dismissed because the petitioner failed to submit new facts and supporting documentary evidence as required. The pr...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer
remanded
EB-1C
Mining
The Director revoked the petition based on concerns about the job offer and whether the company was doing business. The AAO found the Direct...
Bona Fide Job Offer Doing Business For At Least One Year Managerial Or Executive Capacity Qualifying Relationship
sustained
EB-1C
Manufacturing
The appeal was sustained because the AAO determined the Director miscalculated the qualifying one-year period of foreign employment. The cor...
One-Year Qualifying Employment Abroad Managerial Capacity Of Foreign Position
dismissed
EB-1C
Textile Manufacturing
The appeal was dismissed because the petitioner conceded that the beneficiary was not eligible for the classification as a multinational man...
Managerial/Executive Capacity Abroad Willful Misrepresentation
dismissed
EB-1C
Automotive Services
The appeal was dismissed because the petitioner failed to establish their ability to pay the beneficiary's proffered wage. The Director foun...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Real Estate Investment
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Primarily Managerial Vs. Operational Duties Organizational Structure Supervision Of Subordinate Employees
dismissed
EB-1C
Engineering
The motion to reopen was dismissed because the petitioner failed to submit new facts supported by documentary evidence to overcome the previ...
Qualifying Relationship Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Automatic Revocation Provisions Portability Provisions
sustained
EB-1C
Pharmaceuticals
The appeal was sustained because the AAO found the Director's denial contained factual errors and insufficient reasoning. Upon de novo revie...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Function Manager
dismissed
EB-1C
Tobacco 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 Ability To Pay Proffered Wage Qualifying Relationship Beneficiary'S Employment Abroad In A Managerial/Executive Capacity Beneficiary'S Proposed Employment In The U.S. In A Managerial/Executive Capacity Willful Misrepresentation Of Material Facts
dismissed
EB-1C
Tobacco Retail
The appeal was dismissed as moot because the Petitioner had filed a duplicate appeal of the same decision. The AAO addressed the merits of t...
Doing Business For At Least One Year Ability To Pay Proffered Wage Qualifying Relationship With Foreign Employer Beneficiary Employed Abroad In A Managerial Or Executive Capacity Beneficiary'S Proposed U.S. Employment In A Managerial Or Executive Capacity Willful Misrepresentation
dismissed
EB-1C
Plastics Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
U.S. Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Facade Design
The appeal was dismissed because the record did not establish a qualifying relationship between the petitioner and the beneficiary's foreign...
Qualifying Relationship With Foreign Employer Employment Abroad In A Managerial Or Executive Capacity Prospective Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Management
The motions to reopen and reconsider were dismissed because they failed to meet the regulatory requirements. The petitioner did not present ...
Managerial Or Executive Capacity Doing Business For At Least One Year Doing Business Abroad Certified English Translations
dismissed
EB-1C
Business
The motions to reopen and reconsider were dismissed because the petitioner failed to meet the procedural requirements. The motion to reopen ...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) U.S. Petitioner Doing Business For At Least One Year Foreign Entity Continues To Do Business Abroad
dismissed
EB-1C
Cargo Airline
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence to demonstrate that the original decision ...
Executive Capacity
remanded
EB-1C
Restaurant
The appeal was remanded because the Director's decision was flawed and lacked a complete analysis. The AAO found that the Director confused ...
Qualifying Employment Abroad Managerial Or Executive Capacity (Foreign Position) Managerial Or Executive Capacity (U.S. Position) Prior Nonimmigrant Status
sustained
EB-1C
Semiconductors
The appeal was sustained because the AAO found the petitioner established by a preponderance of the evidence that the beneficiary qualified ...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity (U.S.) Personnel Manager Function Manager
dismissed
EB-1C
Warehousing And Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be primaril...
Employment In An Executive Capacity
remanded
EB-1C
Engineering
The Director's decision was withdrawn and the case was remanded because the denial was partly based on evidence (previous nonimmigrant petit...
Employment Abroad In A Managerial Or Executive Capacity Definition Of Managerial Capacity Supervision Of Professional Employees Discretion Over Day-To-Day Operations
remanded
EB-1C
Ultrasonic Inspection
The Director denied the petition because the record did not establish the petitioner's ability to pay the beneficiary's proffered wage from ...
Ability To Pay The Proffered Wage
remanded
EB-1C
Information Technology
The Director denied the petition, concluding that a qualifying relationship no longer existed between the U.S. petitioner and the foreign em...
Qualifying Relationship Job Portability (Ac21) Managerial Capacity Ability To Pay
sustained
EB-1C
Haircare Products Wholesale
The petition was initially denied because the Director concluded the petitioner had not established it was doing business for at least one y...
Doing Business For At Least One Year
remanded
EB-1C
Legal / Compliance
The appeal was remanded because the Director failed to properly analyze the petitioner's combined motion to reopen and reconsider. The Direc...
Managerial/Executive Capacity Qualifying Employment Abroad Qualifying Relationship (Affiliate) Ability To Pay Motion To Reopen/Reconsider Standards
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish several key requirements for the classification. The Director initially ...
U.S. Employment In A Managerial Or Executive Capacity Foreign Employment In A Managerial Or Executive Capacity Qualifying Relationship Between Entities Foreign Employer Continuing To Do Business
dismissed
EB-1C
Information Technology
The appeal was dismissed because the petitioner failed to resolve discrepancies identified during USCIS site visits regarding staffing level...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Petitioner Doing Business Foreign Employer Doing Business
dismissed
EB-1C
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Employment In An Executive Capacity Managerial Or Executive Services
dismissed
EB-1C
Medical Devices
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Or Executive Capacity Doing Business For At Least One Year
dismissed
EB-1C
Restaurant And Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a qualifying managerial or execu...
Managerial Capacity Executive Capacity
remanded
EB-1C
Business Analytics Software
The appeal was remanded because the Director's decision did not fully consider the evidence of record, such as tax returns showing millions ...
Doing Business For At Least One Year
dismissed
EB-1C
Furniture Seller
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect applicat...
Doing Business For At Least One Year Ability To Pay Proffered Wage Employment In A Managerial Or Executive Capacity In The U.S. Employment Abroad In A Managerial Or Executive Capacity
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying parent-subsidiary relationship with the beneficiary's forei...
Qualifying Relationship Parent-Subsidiary Relationship Ownership And Control
dismissed
EB-1C
Software Development
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 Ability To Pay Proffered Wage Managerial Or Executive Capacity Willful Misrepresentation
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in a managerial capac...
Employment Abroad In A Managerial Capacity Definition Of Managerial Capacity Function Manager
remanded
EB-1C
Agriculture
The appeal was remanded because the Director denied the petition based on derogatory information obtained from interviews without giving the...
Qualifying Relationship One Year Of Foreign Employment In A Managerial/Executive Capacity Proposed U.S. Employment In A Managerial/Executive Capacity Fraud Or Misrepresentation Notice Of Derogatory Information
dismissed
EB-1C
Real Estate Management
The motions to reopen and reconsider were dismissed on procedural grounds. The AAO had previously summarily dismissed the appeal because the...
Motion To Reopen Motion To Reconsider Managerial Or Executive Capacity Proper Filing Of Appeal Brief
dismissed
EB-1C
Business Consulting
The appeal was dismissed because the petitioner failed to prove it had been doing business in the United States for at least one year before...
Doing Business For At Least One Year Foreign Employer Continues To Do Business Managerial Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Hotel Management
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage. The petitioner did ...
Ability To Pay Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
dismissed
EB-1C
Retail
The motion was dismissed because the petitioner failed to prove the beneficiary was employed abroad in a managerial capacity, providing inco...
Managerial/Executive Capacity One-Year Foreign Employment Requirement Qualifying Relationship Ability To Pay Proffered Wage Doing Business For At Least One Year
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial capacity. Additio...
Managerial/Executive Capacity Qualifying Relationship Multinational Organization Status Doing Business For At Least One Year
dismissed
EB-1C
Kitchen Equipment
The appeal was dismissed because the beneficiary failed to address or contest all of the grounds for revocation cited by the Director. By ab...
Qualifying Relationship Ability To Pay Proffered Wage Doing Business Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Willful Misrepresentation
dismissed
EB-1C
Freight Transportation
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a qualifying executive capacit...
Employment In An Executive Capacity Primarily Performing Qualifying Duties Sufficient Staffing Detailed Job Description
dismissed
EB-1C
Human Hair Products
The appeal was dismissed because the petitioner failed to prove it did not receive the Notice of Intent to Revoke (NOIR). The AAO rejected t...
Notice Of Intent To Revoke (Noir) Service Of Notice Motion To Reopen Fraud Or Willful Misrepresentation Burden Of Proof
remanded
EB-1C
Telecommunications
The appeal was remanded because the Director's decision was withdrawn. The AAO found the petitioner had sufficiently demonstrated the benefi...
Qualifying Relationship Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position)
remanded
EB-1C
Logistics And Freight Forwarding
The appeal was remanded because the Director's denial was based on an inadequate review, focusing only on the beneficiary's job descriptions...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Organizational Structure And Staffing
remanded
EB-1C
Office Supplies Distribution
The AAO concluded that the petitioner did establish that the beneficiary's intended U.S. position is primarily managerial, overturning the d...
Managerial Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Cellular Phone Retail
The motion was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying executive capacity in the ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) One-Year Of Qualifying Foreign Employment Qualifying Corporate Relationship
dismissed
EB-1C
Wholesale
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily executive capaci...
Executive Capacity (U.S. Position) Staffing Levels Managerial/Executive Capacity (Foreign Employment)
remanded
EB-1C
Food Service
The Director denied the petition for failing to establish the ability to pay the proffered wage, claiming the petitioner did not submit requ...
Ability To Pay The Proffered Wage
dismissed
EB-1C
Wholesale And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Job Duties Organizational Structure
sustained
EB-1C
Cyber Security
The Director denied the petition, concluding the Beneficiary was employed by his own consulting company abroad rather than the Petitioner's ...
One Year Of Foreign Employment Qualifying Relationship
dismissed
EB-1C
Real Estate Asset Management
The motion was dismissed because the petitioner failed to provide new facts or legal arguments to overcome the prior finding that the benefi...
Qualifying Relationship Executive Capacity
dismissed
EB-1C
Accounting
The appeal was dismissed as moot. While this appeal was pending, a new I-140 petition was filed for the same beneficiary and was approved. S...
Identity Of U.S. Employer Mootness
Turn fresh precedent into a stronger draft
MeritDraft uses recent AAO decisions to help attorneys and self-petitioners draft better O-1 and NIW arguments faster.
Start Free Trial →