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 152 of 258
sustained
EB-1C
Consulting
The appeal was sustained because upon de novo review, the petitioner established a qualifying relationship with the foreign entity through m...
Qualifying Relationship With Foreign Employer Doing Business In The U.S. For At Least One Year Foreign Employer Continues To Do Business
dismissed
EB-1C
Semiconductors
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad primarily in a managerial capacity....
Managerial Capacity (Foreign Employment) Function Manager Senior Level In Hierarchy
remanded
EB-1C
Automotive Export
The decision was withdrawn and the case was remanded because the Director did not provide the Petitioner with the correct amount of time to ...
Revocation For Good And Sufficient Cause Qualifying Relationship Between Entities Continuation Of Foreign Business Operations Procedural Requirements For Notice Of Intent To Revoke (Noir)
remanded
EB-1C
Restaurant And Food Services
The Director denied the petition, concluding the petitioner did not establish its ability to pay the proffered wage. The appeal was remanded...
Ability To Pay Proffered Wage
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to provide the required evidence describing the beneficiary's duties abroad to establ...
Employment Abroad In A Managerial Or Executive Capacity Prospective Employment In The U.S. In A Managerial Or Executive Capacity One Year Of Qualifying Employment Abroad
dismissed
EB-1C
Architectural Engineering
The motion was dismissed because the Petitioner failed to demonstrate that the original decision was incorrect. The Petitioner did not suffi...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Function Manager Personnel Manager
dismissed
EB-1C
Retail
The motion was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The r...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Retail Management
The appeal was dismissed because the petitioner failed to meet the requirements for a motion to reopen or reconsider. The AAO found that the...
Qualifying Relationship Ability To Pay Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
dismissed
EB-1C
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the Un...
Employment Abroad In A Managerial Or Executive Capacity Prospective Employment In The U.S. In A Managerial Or Executive Capacity U.S. Employer Doing Business For At Least One Year Qualifying Relationship Between U.S. And Foreign Entities Definition Of Managerial Capacity Definition Of Executive Capacity Staffing Levels
dismissed
EB-1C
Medical Billing Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The r...
Qualifying Relationship Ownership And Control Managerial Or Executive Capacity
remanded
EB-1C
Commercial Kitchens
The appeal was remanded because the Director's denial was procedurally deficient. The AAO found the Director incorrectly concluded there was...
Qualifying Corporate Relationship Employment In An Executive Capacity (Abroad) Employment In An Executive Capacity (Proposed U.S.) One Year Of Qualifying Experience
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's claimed employment...
Employment Abroad In An Executive Capacity Proposed Employment In An Executive Capacity Ability To Pay
sustained
EB-1C
Consulting
The appeal was sustained because the petitioner established by a preponderance of the evidence that a qualifying relationship exists with th...
Qualifying Relationship Doing Business For At Least One Year Foreign Employer Continues To Do Business
dismissed
EB-1C
Human Hair Products
The motion to reconsider was dismissed because the AAO found that USCIS properly served the Notice of Intent to Revoke (NOIR) via routine ma...
Motion To Reconsider Notice Of Intent To Revoke (Noir) Routine Service Personal Service
remanded
EB-1C
Software Consulting
The appeal was remanded because the Director's initial denial was insufficient for review, as it did not adequately state the specific reaso...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Cell Phone Retail
The motion was dismissed because the petitioner failed to address all grounds of the prior denial, specifically those concerning the benefic...
Executive Capacity One Year Of Foreign Employment Qualifying Corporate Relationship
sustained
EB-1C
Consulting And Accounting
The Director denied the petition, concluding the petitioner failed to establish a qualifying relationship with the beneficiary's foreign emp...
Qualifying Relationship Affiliate Definition For Accounting/Consulting Firms
sustained
EB-1C
Research And Development
The Director initially denied the petition, concluding that the Petitioner failed to establish its ability to pay the Beneficiary's proffere...
Ability To Pay
remanded
EB-1C
Aviation And Tourism
The appeal was remanded because the Director applied an incorrect legal standard by requiring the beneficiary to supervise professional subo...
Employment Abroad In Managerial/Executive Capacity Prospective U.S. Employment In Managerial/Executive Capacity Definition Of Executive Capacity Organizational Structure Supervision Of Subordinates
remanded
EB-1C
Hardware And Software Services
The appeal was remanded because the Director's denial was based almost exclusively on the fact that the Beneficiary was the sole U.S. employ...
Managerial Capacity Function Manager Staffing Levels Organizational Structure
dismissed
EB-1C
Manufacturing
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 (U.S.) Managerial Capacity (Abroad) Supervision Of Professional/Managerial Employees First-Line Supervisor
remanded
EB-1C
Packaging Supplies
The appeal was remanded because the AAO found the Director's analysis to be incomplete and inaccurate. The Director incorrectly concluded th...
Qualifying Relationship Managerial Or Executive Capacity Staffing Levels
sustained
EB-1C
Helicopter Services
The initial denial was based on the conclusion that the Beneficiary was not employed abroad in a managerial or executive capacity. The appea...
Employed Abroad In A Managerial Or Executive Capacity Function Manager
dismissed
EB-1C
Cosmetics
The appeal was dismissed because the Petitioner failed to prove that the Beneficiary would be employed primarily in an executive capacity. T...
Qualifying Relationship With Foreign Employer Employment In A Managerial Or Executive Capacity Ability To Pay Proffered Wage Doing Business
remanded
EB-1C
Wholesale Trade
The Director revoked a previously approved petition, concluding the petitioner had willfully misrepresented the beneficiary's job duties and...
Managerial Or Executive Capacity Qualifying Employment Abroad Willful Misrepresentation Of Material Facts Revocation On Notice
dismissed
EB-1C
Digital Printing Materials Distribution
Although the AAO withdrew the director's finding regarding a lack of a qualifying relationship, the appeal was ultimately dismissed. The dec...
Qualifying Relationship Managerial Capacity
dismissed
EB-1C
Event Planning
The appeal was dismissed because the petitioner did not establish a sufficient staffing level or a clear organizational structure to support...
Executive Capacity Sufficient Staffing Organizational Structure Functional Manager
sustained
EB-1C
Engineering
The appeal was sustained because the AAO concluded, upon de novo review, that the Petitioner established the Beneficiary was employed abroad...
Employment Abroad In A Managerial Or Executive Capacity Definition Of Executive Capacity Directing The Management Of An Organization Or Major Component Establishing Goals And Policies Wide Latitude In Discretionary Decision-Making Receiving Only General Supervision
remanded
EB-1C
Automotive Repair
The appeal was remanded because the Director failed to properly analyze the evidence submitted to establish a qualifying relationship betwee...
Qualifying Relationship Ownership And Control Managerial Or Executive Capacity (Abroad) Doing Business For At Least One Year
sustained
EB-1C
Laser Manufacturing
The appeal was sustained because the AAO found that the Director erred in concluding that a qualifying relationship requires the petitioner ...
Qualifying Relationship One Year Of Foreign Employment Same Employer Requirement Managerial Or Executive Capacity
sustained
EB-1C
Aircraft Maintenance
The appeal was sustained because the AAO determined that the U.S. petitioner and the beneficiary's foreign employer can be the same legal en...
Qualifying Relationship One Year Of Foreign Employment Managerial Or Executive Capacity
dismissed
EB-1C
Marketing Consulting
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 (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Ability To Pay Wage
dismissed
EB-1C
Jewelry
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the one-year foreign employment requirement, ...
One Year Of Qualifying Employment Abroad Qualifying Employment In An Executive Capacity Proposed U.S. Employment In An Executive Capacity
dismissed
EB-1C
Programmatic Advertising
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was primarily in a managerial c...
Employment Abroad In A Managerial Or Executive Capacity Primarily Managerial Duties
remanded
EB-1C
It Consulting
The appeal was remanded because the Director's denial was based on a flawed and incomplete analysis. The AAO found the Director made factual...
Managerial Capacity (Foreign Employment) Managerial Capacity (U.S. Employment) Supervision Of Personnel
remanded
EB-1C
Education
The appeal was remanded because the Director's decision was procedurally deficient. The AAO found that the Director failed to properly analy...
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
EB-1C
Wholesale Distribution
The motion to reopen was dismissed because it failed to address the grounds of the prior appellate decision, which had summarily dismissed t...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Wage One Year Employment Abroad Continuing Foreign Business Operations
remanded
EB-1C
Fitness Clothing Retail
The appeal was remanded because the Director's denial decision was insufficient for review. The decision contained significant factual error...
Executive Capacity Multinational Executive Or Manager
dismissed
EB-1C
Retail
The motion to reconsider was dismissed because the petitioner failed to resolve numerous, significant discrepancies identified in a prior de...
Qualifying Managerial Or Executive Capacity Ability To Pay One Year Of Qualifying Employment Abroad Credibility Of Evidence
dismissed
EB-1C
Retail
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect applicat...
Employment Abroad In A Managerial/Executive Capacity Proposed Employment In The U.S. In A Managerial/Executive Capacity One Year Of Qualifying Employment Abroad Within The Preceding Three Years Qualifying Relationship Between Foreign And Us Entities
dismissed
EB-1C
Event Planning
The motion to reconsider was dismissed because the petitioner did not demonstrate that the prior decision was based on an incorrect applicat...
Executive Capacity Qualifying Relationship
dismissed
EB-1C
Agriculture
The appeal was dismissed on procedural grounds. The petitioner appealed the dismissal of a motion to reconsider but failed to address the re...
Managerial Capacity Motion To Reconsider Requirements Deference To Prior Approvals
remanded
EB-1C
Food Service
The appeal was remanded because the Director's decision dismissing the Petitioner's motion to reconsider was procedurally deficient. The AAO...
Managerial Capacity (U.S.) Managerial Capacity (Abroad) Motion To Reconsider Requirements
dismissed
EB-1C
Import/Distribution
The motion to reconsider was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily mana...
Managerial Capacity Executive Capacity Personnel Manager Function Manager Qualifying Relationship
remanded
EB-1C
Manufacturing
The appeal was remanded because the Director's denial was unclear, conflated the beneficiary's foreign and U.S. job duties, and failed to pr...
Managerial Capacity (Abroad) Managerial Capacity (U.S. Role) Function Manager Requirements Organizational Structure And Staffing Levels Supervision Of Employees
dismissed
EB-1C
Autism Rehabilitation
The appeal was dismissed primarily due to the petitioner's failure to remedy significant documentary deficiencies. The petitioner did not pr...
Doing Business Employment Abroad In A Managerial Or Executive Capacity Prospective U.S. Employment In A Managerial Or Executive Capacity Documentary Requirements (Translation Certification) Documentary Requirements (Employer Letters)
dismissed
EB-1C
Advertising And Marketing
The motion was dismissed. Although the AAO accepted new evidence establishing a qualifying relationship between the U.S. and foreign entitie...
Qualifying Relationship Executive Capacity Managerial Capacity Abroad Ability To Pay
remanded
EB-1C
Food Service
The appeal was remanded because the Director's dismissal of the motion to reconsider was procedurally deficient, failing to provide a specif...
Managerial Capacity Motion To Reconsider Requirements Willful Misrepresentation
dismissed
EB-1C
Wholesale Distribution
The motion to reopen was dismissed because it failed to state new facts or provide new supporting documentary evidence as required. The peti...
Motion To Reopen Requirements Managerial Or Executive Capacity Qualifying Corporate Relationship Ability To Pay One Year Of Foreign Employment Continuing Business Operations Abroad
remanded
EB-1C
Financial Technology
The appeal was remanded because the AAO determined that the Director misanalyzed the evidence and failed to properly examine the beneficiary...
Executive Capacity One Year Of Foreign Employment Proposed U.S. Job Duties Organizational Structure/Staffing Qualifying Relationship
remanded
EB-1C
Food Services
The decision was remanded because the Director did not properly analyze whether the beneficiary's foreign position met all prongs of the sta...
Managerial Capacity Qualifying Foreign Employment
remanded
EB-1C
Gemstone Import
The appeal was remanded because the AAO found the petitioner did establish it was doing business for at least one year, withdrawing that gro...
Doing Business For At Least One Year Executive Capacity
remanded
EB-1C
Software
The appeal was remanded because the AAO found the Director erred on the two grounds for denial. The AAO determined the petitioner did establ...
Ability To Pay Proffered Wage Qualifying Employment Abroad Managerial Capacity
remanded
EB-1C
Freight Forwarding
The Director's initial reasons for denial regarding the qualifying relationship were challenged on appeal. However, the AAO identified new u...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1B
Medical Research
The appeal was dismissed because the petitioner failed to submit the required initial evidence, specifically the original job offer letter. ...
Permanent Job Offer International Recognition
dismissed
EB-1B
Oceanic And Atmospheric Sciences
The appeal was dismissed because the petitioner failed to establish that the job offer was for a 'permanent' position as defined by regulati...
Permanent Job Offer Tenure Or Tenure-Track Position Expectation Of Continued Employment
dismissed
EB-1B
Research
The appeal was dismissed because the petitioner failed to establish that a permanent job offer was made to the beneficiary as of the petitio...
Permanent Job Offer Offer Of Employment From Employer
dismissed
EB-1B
Math Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary is recognized internationally as outstanding in her...
3 Years Of Experience In Teaching Or Research Receipt Of Major Prizes Or Awards Membership In Associations Requiring Outstanding Achievement
dismissed
EB-1B
Medical Research
The appeal was dismissed because the petitioner failed to establish that the job offer was for a permanent position as of the filing date, a...
Permanent Job Offer International Recognition As Outstanding
sustained
EB-1B
Academic Research
The director denied the petition, concluding that the petitioner's 'at will' employment policies found on its website were inconsistent with...
Offer Of Permanent Employment Definition Of A Permanent Research Position
sustained
EB-1B
Medical Research
The appeal was sustained because the AAO found that the petitioner successfully demonstrated the beneficiary is internationally recognized a...
Original Scientific Or Scholarly Research Contributions Authorship Of Scholarly Articles Ability To Pay Proffered Wage
dismissed
EB-1B
Research
The appeal was dismissed because the petitioner failed to submit the required initial evidence of a permanent job offer that predated the pe...
Permanent Job Offer Eligibility At Time Of Filing
sustained
EB-1B
Agricultural Sciences
The director denied the petition, arguing that the employment offer was not permanent because the university's Faculty Manual stated non-ten...
Permanent Offer Of Employment Internationally Recognized As Outstanding At Least 3 Years Of Experience
dismissed
EB-1B
Research
The appeal was summarily dismissed because the applicant failed to specifically identify any erroneous conclusion of law or statement of fac...
Failure To Appear For Interview Failure To Establish Basic Citizenship Skills Failure To Identify Specific Error On Appeal
sustained
EB-1B
Medical Research
The director denied the petition, concluding that the petitioner, a private employer, had not established that it employed at least three fu...
Employment Of At Least 3 Full-Time Researchers
dismissed
EB-1B
Oceanic And Atmospheric Sciences
The appeal was dismissed because the petitioner failed to provide the required initial evidence: a job offer letter extended to the benefici...
Offer Of Employment Permanent Research Position
dismissed
EB-1B
Educational Research
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum of two regulatory criteria required...
Receipt Of Major Prizes Or Awards Authorship Of Scholarly Books Or Articles Original Scientific Or Scholarly Research Contributions
sustained
EB-1B
Medicine
The director denied the petition, concluding the job offer was not permanent because it was contingent upon funding and final approval. The ...
Permanent Job Offer
sustained
EB-1B
Electrical Engineering
The Director initially denied the petition, finding the beneficiary lacked the required three years of experience and met only one of the si...
Original Scientific Or Scholarly Research Contributions Authorship Of Scholarly Articles In Journals With International Circulation Three Years Of Research Experience
dismissed
EB-1B
Gastroenterology
The appeal was dismissed because the petitioner failed to establish that the beneficiary is internationally recognized as outstanding in his...
Receipt Of Major Prizes Or Awards Authorship Of Scholarly Articles
dismissed
EB-1B
Physiology
The appeal was dismissed because the petitioner failed to submit the required initial evidence: a permanent job offer made directly to the b...
Permanent Job Offer Offer Letter Requirements
dismissed
EB-1B
Research
The appeal was dismissed because the petitioner self-petitioned for a classification that statutorily requires a U.S. employer to file the p...
Job Offer Requirement Employer Petitioner Requirement 3 Years Of Experience International Recognition
dismissed
EB-1B
Biophysics
The appeal was dismissed because the petitioner failed to provide the required initial evidence of a permanent job offer that predated the p...
Permanent Job Offer Offer Of Employment
sustained
EB-1B
Medical Research
The director initially denied the petition, concluding that the offered Research Associate position was not a "permanent position" as define...
Permanent Position Offer Of Employment
dismissed
EB-1B
Researcher
The appeal was dismissed because the petition was improperly filed by the alien beneficiary himself. Regulations for the Outstanding Profess...
Employer Sponsorship Requirement
dismissed
EB-1B
Academic Research
The appeal was dismissed because the petition for an Outstanding Professor or Researcher (EB-1B) was improperly filed by the beneficiary him...
Must Be Filed By A U.S. Employer International Recognition As Outstanding 3 Years Of Experience In Teaching Or Research Offer Of Employment
dismissed
EB-1B
Academic Research
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence to contest the director's decision...
Employer Sponsorship Requirement
dismissed
EB-1B
Research
The appeal was dismissed because the petition was improperly filed by the alien researcher himself, rather than by a U.S. employer as requir...
Employer As Petitioner Requirement Job Offer Requirement Eligibility At Time Of Filing
dismissed
EB-1B
Academia / Research
The appeal was dismissed because the visa category, Outstanding Professor or Researcher (EB-1B), requires a U.S. employer to file the petiti...
Requirement Of A U.S. Employer Petitioner
remanded
EB-1B
Academic Research
The director initially denied the petition, concluding that the petitioner had not offered the beneficiary a permanent job as of the filing ...
Permanent Job Offer International Recognition Membership In Associations Scholarly Articles
dismissed
EB-1B
Research
The appeal was dismissed because the petition was improperly filed by the alien beneficiary himself. The regulations for the Outstanding Pro...
Employer Sponsorship Requirement
dismissed
EB-1B
Research
The appeal was dismissed because the petition was improperly filed by the alien himself, rather than by a U.S. employer as required for the ...
Employer Sponsorship Requirement
dismissed
EB-1B
Academic Research
The appeal was dismissed because the petition was improperly self-filed by the beneficiary. The EB-1B outstanding professor or researcher cl...
Employer Sponsorship Requirement
dismissed
EB-1B
Medicine
The appeal was dismissed because the petitioner failed to prove that a permanent job offer had been extended to the beneficiary as of the pe...
Offer Of Permanent Employment Permanent Research Position
dismissed
EB-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary is recognized internationally as outstanding. The d...
Receipt Of Major Prizes Or Awards Membership In Associations Requiring Outstanding Achievements Published Material About The Alien'S Work Judging The Work Of Others Original Scientific Or Scholarly Research Contributions
dismissed
EB-1B
Medicine
The appeal was dismissed because the petitioner failed to establish that a permanent job offer had been extended to the beneficiary as of th...
Permanent Job Offer
dismissed
EB-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary is recognized internationally as outstanding in his...
Receipt Of Major Prizes Or Awards For Outstanding Achievement Membership In Associations Which Require Outstanding Achievements Published Material By Others About The Alien'S Work Participation As A Judge Of The Work Of Others Original Scientific Or Scholarly Research Contributions
dismissed
EB-1B
Unknown
The appeal was dismissed because the petitioner's counsel requested to withdraw it. The AAO did not review the merits of the case.
sustained
EB-1B
Academia
The director denied the petition because the evidence submitted, letters addressed to CIS, did not constitute a valid job offer to the benef...
Permanent Job Offer Tenure-Track Position Offer Of Employment Letter
sustained
EB-1B
Semiconductor Manufacturing
The appeal was sustained because the AAO found that the petitioner provided sufficient evidence to meet at least two of the regulatory crite...
Membership In Associations Requiring Outstanding Achievements Original Scientific Or Scholarly Research Contributions
remanded
EB-1B
Medical Research
The director initially denied the petition for failing to establish that the petitioner offered the beneficiary a permanent job. The AAO fou...
Permanent Job Offer
dismissed
EB-1B
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the beneficiary met at least two of the six regulatory criteria for...
Receipt Of Major Prizes Or Awards Membership In Associations Published Material About The Alien'S Work 3 Years Of Experience
sustained
EB-1B
Academia
The director initially denied the petition because the submitted evidence of a job offer was a letter addressed to immigration services, not...
Permanent Job Offer Tenure-Track Position
sustained
EB-1B
Electrical Engineering
The appeal was sustained because the petitioner submitted sufficient evidence on appeal to meet the regulatory criteria. The AAO found that ...
Membership In Associations Requiring Outstanding Achievement Original Scientific Or Scholarly Research Contributions
remanded
EB-1B
Medical Research
The appeal was remanded because the AAO discovered derogatory information on the petitioner's own website that contradicted its claims about...
Permanent Job Offer
dismissed
EB-1B
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the requisite two of six criteria for an outsta...
Receipt Of Major Prizes Or Awards Membership In Associations Requiring Outstanding Achievement Published Material About The Alien'S Work
dismissed
EB-1B
Physiology And Pharmacology
The appeal was dismissed because the petitioner failed to establish that the offered position was permanent. The director determined that a ...
Permanent Job Offer
dismissed
EB-1B
Physiology And Pharmacology
The appeal was dismissed because the petitioner failed to establish that the offered position of 'Post Doctoral Fellow' was a permanent rese...
Permanent Job Offer
dismissed
EB-1B
Food Science
The appeal was dismissed primarily because the petitioner failed to submit the actual job offer letter issued to the beneficiary, which is a...
Permanent Job Offer Original Scientific Or Scholarly Research Contributions
dismissed
EB-1B
Ophthalmology
The appeal was dismissed because the petitioner failed to establish that the beneficiary is internationally recognized as outstanding in his...
Permanent Job Offer Three Years Of Experience International Recognition As Outstanding
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