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 (3)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
25777 total decisions
Page 19 of 258
remanded
EB-3
Finance
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO determined that the Director first needed to...
Beneficiary As An Affected Party Portability Eligibility (Ac21) Beneficiary'S Education Requirements Petitioner'S Ability To Pay Bona Fides Of The Job Offer Material Misrepresentation
dismissed
EB-3
Business Consulting
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements for the professional classification. The ...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Martial Arts
The appeal was dismissed because the Petitioner failed to resolve significant inconsistencies regarding the Beneficiary's claimed work exper...
Beneficiary'S Qualifying Work Experience Labor Certification Requirements Inconsistencies With Prior Nonimmigrant Visa Application Credibility Of Evidence Sufficiency Of Documentation For Work Experience
dismissed
EB-3
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the special skills and experience require...
Beneficiary'S Qualifying Experience Special Skills Requirement Leadership Experience Petitioner'S Ability To Pay Proffered Wage
dismissed
EB-3
Electrical Contracting
The motion to reconsider was denied because the original decision was correct. The position, as defined in the labor certification, did not ...
Skilled Worker Definition Labor Certification Requirements Minimum Two Years Training/Experience
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the required two years of experience as a store ma...
Beneficiary'S Qualifying Experience Labor Certification Requirements Revocation For Good And Sufficient Cause Fraudulent Documentation
remanded
EB-3
Information Technology
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO found that the Director failed to first dete...
Revocation For Good And Sufficient Cause Beneficiary As An Affected Party Portability Under Section 204(J) Of The Act Bona Fide Job Offer
remanded
EB-3
Social Services
The Director denied the petition because it was filed with a labor certification that had been previously invalidated due to a forged signat...
Valid Labor Certification
dismissed
EB-3
Computer Consulting
The appeal was dismissed because the Beneficiary's three-year foreign degree did not meet the labor certification's minimum requirement of a...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements Combination Of Education And Experience
dismissed
EB-3
Restaurant Management
The appeal was dismissed on procedural grounds because it was filed by the beneficiary's new employer, not the original petitioner. The AAO ...
Standing To Appeal Affected Party Successor In Interest Ability To Pay Beneficiary Qualifications
dismissed
EB-3
Accounting
The appeal was dismissed because the Beneficiary's three-year Bachelor of Commerce degree from India was not considered equivalent to a U.S....
Foreign Degree Equivalency Educational Requirements Of Labor Certification Professional Classification Experience Requirements Of Labor Certification
dismissed
EB-3
Skincare
The appeal was dismissed because the beneficiary's claimed full-time work experience as an esthetician was contradicted by information in a ...
Beneficiary'S Qualifications Evidence Of Prior Experience Inconsistencies In The Record
sustained
EB-3
Tailoring
The appeal was sustained because the petitioner provided new evidence demonstrating the beneficiary met the 24-month experience requirement ...
Beneficiary'S Experience Ability To Pay
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner, a convenience store, failed to demonstrate its continuing ability to pay the proffered wage...
Ability To Pay Proffered Wage
dismissed
EB-3
Tailoring
The motions to reopen and reconsider were denied because the petitioner's purported successor-in-interest failed to respond to a Notice of I...
Ability To Pay Beneficiary'S Qualifying Experience Labor Certification Successor-In-Interest Failure To Respond To Noid
dismissed
EB-3
Mental Health
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onward. T...
Ability To Pay Net Income Net Current Assets Totality Of The Circumstances
dismissed
EB-3
Retail Management
The Director's revocation was upheld because the record failed to demonstrate a bona fide job opportunity for U.S. workers. Furthermore, the...
Bona Fide Job Opportunity Fraud Or Willful Misrepresentation Labor Certification Validity
dismissed
EB-3
Travel Agency
The motions to reopen and reconsider were denied. The motion to reopen was denied because the petitioner did not provide new facts, but inst...
Ability To Pay Fraud Or Misrepresentation Labor Certification Validity Motion To Reopen Standards Motion To Reconsider Standards
dismissed
EB-3
Tailoring
The motions to reopen and reconsider were denied. The petitioner failed to respond to a Notice of Intent to Deny (NOID) concerning derogator...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Failure To Respond To Noid
remanded
EB-3
Education
The appeal was remanded because the AAO found the Director's reasons for revocation were not supported by the record. The AAO concluded that...
Validity Of Form G-28 Beneficiary'S Educational Qualifications Validity Of Credential Evaluation Fraud Or Willful Misrepresentation Labor Certification Requirements
dismissed
EB-3
Automotive Repair
The appeal was dismissed because the petitioner, an automotive repair business operating as a sole proprietorship, failed to demonstrate the...
Ability To Pay Proffered Wage
sustained
EB-3
Environmental Engineering
The Director initially denied the petition, believing the beneficiary had not proven the acquisition of specific skills through employment. ...
Labor Certification Requirements Educational Requirements (Baccalaureate Degree) Specific Skills Acquired Through Coursework
dismissed
EB-3
Healthcare
The appeal was dismissed because while the AAO withdrew some grounds for revocation, such as those related to the labor certification and be...
Schedule A Occupation Requirements Beneficiary Identity Ability To Pay Proffered Wage Fraud Or Willful Misrepresentation
remanded
EB-3
Nursing
The Director's decision to revoke the petition was withdrawn and the case was remanded due to procedural errors. The AAO found that the Noti...
Schedule A Occupation Petition Revocation Familial Relationship Disclosure Willful Material Misrepresentation Notice Of Intent To Revoke (Noir) Requirements
dismissed
EB-3
Travel And Tours
The motion to reopen and reconsider was denied, upholding the previous dismissal. The petitioner failed to provide new facts to overcome the...
Fraud Or Willful Misrepresentation Ability To Pay Proffered Wage Valid Labor Certification Familial Relationship Disclosure
dismissed
EB-3
Software Development
The motion to reconsider was denied because regulations do not allow for a motion to be filed on an appeal that was rejected, as there is no...
Bona Fides Of The Job Offer Ability To Pay Timeliness Of Appeal Beneficiary Standing As Affected Party Motion To Reconsider Requirements
dismissed
EB-3
Freight Transportation
The appeal was dismissed because the Petitioner failed to prove the Beneficiary met the two-year experience requirement for a customer servi...
Beneficiary'S Qualifying Work Experience Labor Certification Requirements Discrepancies In Evidence Evidence Sufficiency
dismissed
EB-3
Culinary Arts
The motions to reopen and reconsider were denied. The petitioner failed to demonstrate legal error in the prior finding that it could not pr...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Motion To Reopen Standards Motion To Reconsider Standards
sustained
EB-3
Computer Software Development
The Director denied the petition, finding that the Beneficiary did not meet the primary educational requirements of the job as specified on ...
Labor Certification Requirements Minimum Educational Requirements Alternate Experience Requirements Skilled Worker Qualifications
dismissed
EB-3
Law
The motions to reopen and reconsider were denied because the petitioner, a law firm, failed to consistently demonstrate its ability to pay t...
Ability To Pay Proffered Wage Net Income Net Current Assets Matter Of Sonegawa
dismissed
EB-3
Construction
The motion to reopen was denied because the petitioner failed to overcome the prior finding that the beneficiary did not have the required t...
Beneficiary'S Qualifying Experience Labor Certification Requirements Credibility Of Evidence Motion To Reopen Requirements
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage, specifically lacking...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Bona Fide Job Offer
sustained
EB-3
Healthcare
The initial denial was based on the petitioner's perceived inability to pay the proffered wage for all its sponsored workers. The appeal was...
Ability To Pay
remanded
EB-3
Management Consulting
The AAO found that the Director incorrectly denied the petition based on an alleged conflict regarding experience gained with the same emplo...
Qualifying Experience Labor Certification Requirements Substantially Comparable Position Specific Skills Experience
dismissed
EB-3
Food Service
The appeal was rejected because the petitioning corporation had dissolved before filing the appeal. As a dissolved entity that can no longer...
Legal Standing Of Petitioner Affected Party Status Corporate Dissolution Ability To Offer Future Employment
dismissed
EB-3
Computer Science
The motion was denied because the petitioner failed to demonstrate its ability to pay the proffered wage, citing unresolved discrepancies in...
Ability To Pay Proffered Wage Qualifying Experience
dismissed
EB-3
Construction
The motions to reopen and reconsider were denied, upholding the prior summary dismissal of the appeal. The petitioner failed to prove it had...
Beneficiary'S Qualifications Motion To Reopen Requirements Motion To Reconsider Requirements Summary Dismissal Of Appeal
dismissed
EB-3
Food Science
The appeal was dismissed because the labor certification did not strictly require a bachelor's degree for the professional classification so...
Professional Classification Requirements Labor Certification Job Requirements Beneficiary'S Educational Qualifications Alternate Classification Request
dismissed
EB-3
Home Care
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. T...
Ability To Pay Proffered Wage Net Income Net Current Assets Totality Of The Circumstances
remanded
EB-3
Healthcare
The appeal was remanded because the Director's denial contained contradictory findings regarding the worksite and did not address all eviden...
Bona Fides Of The Job Offer Ability To Pay The Proffered Wage Beneficiary'S Educational Qualifications
dismissed
EB-3
Cytogenetics
The appeal was dismissed because the labor certification did not strictly require a bachelor's degree, allowing an alternative combination o...
Labor Certification Requirements Professional Classification (Bachelor'S Degree) Beneficiary'S Educational Qualifications Alternate Combination Of Education And Experience
remanded
EB-3
Healthcare
The appeal was remanded because the Director's decision contained contradictory findings about the beneficiary's work location and failed to...
Bona Fides Of The Job Offer Ability To Pay Proffered Wage
remanded
EB-3
Oil And Gas Software
The appeal was remanded because the petitioner's financial evidence for the correct year (2018) was not yet available at the time of the ini...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
remanded
EB-3
Health Care
The Director denied the petition after estimating that the petitioner's net current assets were insufficient to support the proffered wages ...
Ability To Pay Proffered Wage
dismissed
EB-3
Property Management
The appeal was dismissed because the Director found the Petitioner willfully concealed the Beneficiary's ownership interest in the company o...
Validity Of Labor Certification Willful Misrepresentation Beneficiary'S Ownership Interest
remanded
EB-3
Healthcare
The appeal was remanded because the Director's denial was based on contradictory findings regarding the job's worksite and failed to conside...
Bona Fide Job Offer Ability To Pay Proffered Wage
dismissed
EB-3
Finance
The appeal was dismissed because the Beneficiary's three-year foreign degree was not considered equivalent to a U.S. bachelor's degree. The ...
Possession Of U.S. Baccalaureate Or Foreign Equivalent Degree Labor Certification Requirements Equivalency Of Three-Year Foreign Degree Combination Of Education And Experience
dismissed
EB-3
Information Technology
The appeal was dismissed because the supporting labor certification did not meet the requirements for the requested EB-3 professional classi...
Labor Certification Validity Eb-3 Professional Degree Requirements Revocation Of An Approved Petition Amendment Of Petition After Decision
dismissed
EB-3
Medical Billing
The appeal was dismissed because the job's requirements, an associate's degree plus 12 months of experience, exceeded the regulatory limit f...
Unskilled Worker Classification Skilled Vs. Unskilled Worker Differentiation Labor Certification Requirements Beneficiary'S Qualifications
dismissed
EB-3
Mortgage Brokerage
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay The Proffered Wage Bona Fide Job Opportunity
remanded
EB-3
Healthcare Staffing
The appeal was remanded because the Director made several errors in analyzing the petitioner's ability to pay the proffered wages for multip...
Ability To Pay Proffered Wage
dismissed
EB-3
Furniture Manufacturing
The appeal was dismissed because the petitioner failed to submit a properly completed Form I-140, even on appeal. Additionally, the petition...
Incomplete Form I-140 Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum experience requirements for the position. Th...
Beneficiary Qualifications Minimum Experience Requirement Inconsistencies In Evidence Credibility Of Evidence
remanded
EB-3
Golf
The appeal was remanded because the Director incorrectly analyzed the petitioner's ability to pay the proffered wage for the wrong year (201...
Ability To Pay Proffered Wage Labor Certification Requirements Beneficiary'S Qualifying Experience
dismissed
EB-3
Accounting
The appeal was dismissed because the Beneficiary did not possess a single degree that is the foreign equivalent to a U.S. bachelor's degree....
Bachelor'S Degree Or Foreign Equivalent
sustained
EB-3
Nursing
The appeal was sustained because the Director incorrectly denied the petition for lacking a bona fide job opportunity open to U.S. workers. ...
Bona Fide Job Opportunity Schedule A Occupation Labor Market Test Intent To Employ
remanded
EB-3
General Contracting
The Director denied the petition due to inconsistencies between the beneficiary's claimed work experience on the labor certification and a p...
Beneficiary'S Qualifying Experience
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date....
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a staffing business with numerous I-140 petitions for other beneficiaries, failed to establ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Sales
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements specified on the labor certification as o...
Educational Requirements Labor Certification Requirements Foreign Degree Equivalency Experience As Education Equivalent
dismissed
EB-3
Special Education
The motion to reconsider was denied because the petitioner's initial I-140 petition was rejected for using an outdated form and thus did not...
Valid Labor Certification Timely Filing Appellate Jurisdiction Motion To Reconsider
remanded
EB-3
Market Research
The Director's revocation was withdrawn because it was based on an incorrect assessment of the beneficiary's qualifications. The AAO found t...
Beneficiary'S Qualifications Labor Certification Requirements Petitioner'S Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies in the beneficiary's employment history. The e...
Beneficiary'S Qualifying Work Experience Labor Certification Requirements
dismissed
EB-3
Agriculture
The appeal was dismissed because the position's minimum requirements listed on the labor certification did not conform to the definition of ...
Professional Classification Requirements Baccalaureate Degree Requirement Labor Certification Requirements Education And Experience Equivalency
remanded
EB-3
Retail Management
The Director's decision was withdrawn because USCIS improperly questioned the educational requirements of the position, a matter determined ...
Bona Fides Of The Job Offer Job Requirements (Bachelor'S Degree) Ability To Pay Proffered Wage Validity Of Labor Certification
dismissed
EB-3
Restaurant Management
The motions to reopen and reconsider were denied because they were improperly filed on a previously rejected appeal. The original petition's...
Automatic Revocation Appellate Jurisdiction Motion To Reopen Motion To Reconsider
dismissed
EB-3
Industrial Engineering
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary possessed the required three years of experience ...
Educational Requirements Experience Requirements
dismissed
EB-3
Business
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements specified in the labor certification. Alt...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Fashion Design
The appeal was dismissed because the petitioner sought a 'professional' classification, which requires the job offer to have a minimum of a ...
Professional Classification Requirements Ability To Pay
sustained
EB-3
Engineering
The Director denied the petition, believing the petitioner concealed the beneficiary's role as a corporate officer on the labor certificatio...
Validity Of Labor Certification Beneficiary'S Role As Corporate Officer
dismissed
EB-3
Banking
The appeal was dismissed because the labor certification did not support the requested 'professional' classification, as its allowance for a...
Labor Certification Requirements Professional Classification Requirements Skilled Worker Classification Clerical Error On Form I-140
dismissed
EB-3
Church Administration
The appeal was dismissed because the petitioner failed to resolve inconsistencies regarding the beneficiary's required one year of work expe...
Qualifying Work Experience Evidence Of Prior Employment Resolving Inconsistencies In The Record
sustained
EB-3
Accounting
The appeal was sustained because the Director had erred by only considering one of the Beneficiary's two academic credentials. The AAO found...
Professional Occupation Educational Requirements Foreign Degree Equivalency
remanded
EB-3
Home Health Care
The Director denied the petition, concluding the petitioner failed to establish its ability to pay the proffered wage due to issues with its...
Ability To Pay Proffered Wage
dismissed
EB-3
Education
The motion to reopen and reconsider was denied because the petitioner did not demonstrate that the beneficiary possessed the minimum experie...
Beneficiary Qualifications Ability To Pay
remanded
EB-3
Crawfish Production
The Director denied the petition, finding that the beneficiary did not meet the drug screening requirement listed on the labor certification...
Bona Fide Job Offer Beneficiary Qualifications Ability To Pay
remanded
EB-3
Hospitality
The Director's decision was withdrawn and the case was remanded because the record lacked the petitioner's financial documents, such as tax ...
Ability To Pay The Proffered Wage
remanded
EB-3
Information Technology
The appeal was remanded due to a procedural error. The record indicated the Petitioner did not receive the correct Notice of Intent to Revok...
Bona Fide Job Offer Beneficiary'S Experience Ability To Pay Proffered Wage Willful Misrepresentation Notice Of Intent To Revoke (Noir)
dismissed
EB-3
Trucking
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. T...
Ability To Pay The Proffered Wage
dismissed
EB-3
Carpentry
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to resolve evidentiary discrepancies concerning the beneficiary's employment history....
Beneficiary'S Qualifying Experience Labor Certification Requirements Willful Misrepresentation
remanded
EB-3
Software Engineering
The Director denied the petition because the beneficiary's job title and duties changed after two promotions, concluding the position was no...
Validity Of Labor Certification Similarity Of Job Duties After Promotion Proffered Wage Vs Advertised Wage
dismissed
EB-3
Medical Diagnostic Imaging
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Proffered Wage Valid Labor Certification Willful Misrepresentation Of A Material Fact
remanded
EB-3
Retail Management
The appeal was remanded because the AAO withdrew the Director's finding of willful misrepresentation of a material fact. While the petitione...
Willful Misrepresentation Labor Certification Validity Beneficiary'S Qualifications Ability To Pay Bona Fide Job Offer
dismissed
EB-3
Cook
The motion to reopen and reconsider was denied because the petitioner failed to credibly establish that the beneficiary had the required two...
Beneficiary'S Qualifying Experience Labor Certification Requirements Credibility Of Evidence
sustained
EB-3
Religious Administration
The Director initially revoked the petition, concluding the Petitioner did not demonstrate its ability to pay the proffered wage for the pri...
Ability To Pay Proffered Wage
remanded
EB-3
Nanny
The Director denied the petition based on the petitioner's inability to pay the proffered wage, citing an income tax return with an adjusted...
Ability To Pay The Proffered Wage
dismissed
EB-3
Physical Therapy
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. T...
Ability To Pay The Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner's labor certification required a bachelor's degree, but the corresponding prevailing wage de...
Prevailing Wage Determination (Pwd) Labor Certification Requirements Schedule A Occupation Inability To Modify Labor Certification Ability To Pay
dismissed
EB-3
Landscaping
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage for the priority year (2018). Th...
Ability To Pay Proffered Wage
remanded
EB-3
Information Technology
The Director's decision on a motion to reconsider was withdrawn because it was procedurally defective. The decision was unclear as to which ...
Validity Of Labor Certification Timely Filing Of Petition Scrivener'S Error Petitioner Substitution
dismissed
EB-3
Information Technology
The motions to reopen and reconsider were denied because they were improperly filed. The AAO states that regulations do not allow for a moti...
Motion To Reopen Motion To Reconsider Timeliness Of Appeal Standing To File Motion/Appeal
dismissed
EB-3
Information Technology
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements stated on the labor certification. The po...
Meeting Labor Certification Requirements Educational Equivalency Alternate Combination Of Education And Experience Kellogg Language
dismissed
EB-3
Music
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required 24 months of full-time work ...
Required Experience Labor Certification Requirements Evidence Of Employment Inconsistencies In The Record
dismissed
EB-3
Clothing Services
The appeal was dismissed because the petitioner failed to prove it was a valid successor in interest to the company that originally filed th...
Successor In Interest Validity Of Labor Certification Acquisition Of Assets And Liabilities Job Opportunity
dismissed
EB-3
Construction
The appeal was dismissed because it concerned a motion to reopen that was found to be untimely filed. The petitioner's initial motion was re...
Timeliness Of Motion To Reopen Incomplete Labor Certification Discretion To Excuse Late Filing
dismissed
EB-3
Law
The motions to reopen and reconsider were denied because the petitioner failed to demonstrate a continuing ability to pay the proffered wage...
Ability To Pay Proffered Wage
remanded
EB-3
Software Development
The appeal was remanded because the Director failed to consider or discuss relevant evidence submitted by the Petitioner in response to a No...
Ability To Pay Proffered Wage Intent To Employ
remanded
EB-3
Baseball
The Director's decision was withdrawn because the denial, based on the petitioner using the wrong labor certification form (ETA 750), was in...
Labor Certification Validity Ability To Pay Proffered Wage
dismissed
EB-3
Retail Shipping
The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate a continuous ability to pay the proffered wag...
Ability To Pay Proffered Wage
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