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 212 of 258
dismissed
EB-2
Not Specified
The appeal was rejected because it was untimely filed. The petitioner filed the appeal 152 days after the director's decision, which is well...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The motions to reopen and reconsider were dismissed because the matter is moot. The beneficiary had already adjusted to lawful permanent res...
Alien Of Exceptional Ability
dismissed
EB-2 NIW
Law/Technology
The motion to reopen was dismissed because it was untimely, filed more than nine months after the 30-day deadline. The petitioner's justific...
National Interest Waiver Eligibility At Time Of Filing Timeliness Of Motion
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The decision was mailed on December 29, 2011, requiring the appeal to be filed within 33 days, bu...
Timely Filing Of Appeal
dismissed
EB-2 NIW
Network Advertising
The appeal was dismissed because the petitioner did not establish that a waiver of the job offer requirement would be in the national intere...
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Biochemistry
The appeal was dismissed because the petitioner failed to establish that they would serve the national interest to a substantially greater d...
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker Publications Citations Conference Presentations
dismissed
EB-2 NIW
Unknown
The appeal was rejected on procedural grounds. The petitioner attempted to appeal a prior AAO decision to the AAO itself, but the AAO conclu...
Appellate Jurisdiction Motion To Reopen Motion To Reconsider Appeal Process
dismissed
EB-2 NIW
Business Consulting
The director found that while the petitioner qualifies as a member of the professions holding an advanced degree, he failed to establish tha...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than U.S. Worker
dismissed
EB-2
Information Technology
The appeal was dismissed as moot because the beneficiary had already adjusted to lawful permanent resident status through a separate applica...
Advanced Degree Or Equivalent
dismissed
EB-2 NIW
Instructional Technology
The AAO dismissed the appeal because the petitioner's argument that a labor certification would adversely affect the national interest was r...
Substantial Intrinsic Merit National In Scope National Interest To A Substantially Greater Degree Than A U.S. Worker
remanded
EB-2 NIW
Unknown
The appeal was rejected as untimely because it was initially filed at the wrong location (the AAO instead of the Texas Service Center) and d...
Timely Filing Of Appeal
dismissed
EB-2 NIW
Public Health
The director found the petitioner qualifies for classification as a member of the professions holding an advanced degree, but did not establ...
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Management Consulting
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer and labor certification requirement was i...
Substantial Intrinsic Merit National In Scope Serving National Interest To A Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Packaging Engineering
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national inte...
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Unknown
The motion to reopen and reconsider was dismissed because it was filed untimely. The petitioner filed the motion 35 days after the AAO's dec...
Timeliness Of Motion
dismissed
EB-2 NIW
Nursing
The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as a member of the pr...
Advanced Degree National Interest Waiver Profession Requirement Progressive Experience
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to identify any erroneous conclusion of law or statement of fact in the ori...
Ability To Pay Proffered Wage
dismissed
EB-2 NIW
Unknown
The appeal was rejected as untimely filed. The petitioner filed the appeal 48 days after the director issued the decision, which is beyond t...
Timely Filing Of Appeal
dismissed
EB-2 NIW
Aviation Management
The director found that while the petitioner qualifies as a member of the professions holding an advanced degree, she failed to establish th...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Biofuel Research
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement was in the national interest....
Employment In An Area Of Substantial Intrinsic Merit Proposed Benefit Will Be National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than Would An Available U.S. Worker
dismissed
EB-2 NIW
Law
The appeal was dismissed on procedural grounds. The petitioner initially filed a motion to reopen/reconsider, which was dismissed by the dir...
National Interest Waiver Motion To Reopen Motion To Reconsider
dismissed
EB-2 NIW
Nephrology
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or fact in t...
National Interest Waiver Substantial Intrinsic Merit National Influence Leading Roles Pioneering Publications Significant Contributions
dismissed
EB-2 NIW
Metallurgical Engineering
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
National Interest Waiver
dismissed
EB-2 NIW
Medicine
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
National Interest Waiver Failure To State Grounds For Appeal
dismissed
EB-2
Architecture
The appeal was dismissed because the petitioner, an individual, filed the petition on his own behalf for a classification that requires a U....
Necessity Of A U.S. Employer Labor Certification Requirement
sustained
EB-2
Neurophysiology
The director initially denied the petition because it was determined that the beneficiary did not meet the minimum level of education specif...
Advanced Degree Labor Certification Requirements
dismissed
EB-2
Mechanical Engineering
The appeal was dismissed because the petitioner, a manufacturer of hydraulic cylinders, failed to establish its continuing ability to pay th...
Ability To Pay The Proffered Wage
sustained
EB-2
Neurophysiology
The director initially denied the petition, concluding the beneficiary did not satisfy the minimum level of education stated on the labor ce...
Advanced Degree Requirements Labor Certification Requirements
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary did not possess the minimum level of education required by the labor certification. The AAO...
Advanced Degree Equivalence Foreign Equivalent Degree Labor Certification Requirements
dismissed
EB-2 NIW
Internal Medicine
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer and labor certification requirement would...
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Cardiology
The appeal was dismissed because the petitioner failed to establish the third prong of the national interest waiver test from Matter of New ...
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A Minimally Qualified U.S. Worker
dismissed
EB-2 NIW
Pediatric Cardiology
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Substantial Intrinsic Merit National In Scope National Interest Waiver Of Job Offer
dismissed
EB-2 NIW
Cancer Research
The appeal was dismissed because the petitioner did not establish that a waiver of the job offer requirement would be in the national intere...
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
School Psychology
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement, and thus a labor certificati...
Substantial Intrinsic Merit National In Scope Benefit To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Medicine
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
National Interest Waiver Job Offer Exemption Substantial Intrinsic Merit National Scope
dismissed
EB-2 NIW
Real Estate Development
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-2 NIW
Hearing Science
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national inte...
Area Of Substantial Intrinsic Merit Proposed Benefit Will Be National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than An Available U.S. Worker
remanded
EB-2
Unknown
The appeal was rejected as untimely because it was filed 152 days after the decision was issued, far exceeding the 33-day filing deadline. P...
Timeliness Of Appeal
remanded
EB-2
Unknown
The appeal was remanded because the director evaluated the petition under the wrong legal standard. The petitioner sought classification as ...
Alien Of Exceptional Ability Member Of The Professions Holding An Advanced Degree
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after indicating they wo...
Ability To Pay Progressive Experience Failure To File A Brief
dismissed
EB-2 NIW
Social Work / Advocacy
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national inte...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Unknown
The appeal was dismissed because it was filed untimely. The decision was mailed on August 1, 2012, and the appeal was due to be received by ...
dismissed
EB-2
Unspecified
The appeal was summarily dismissed because the petitioner failed to submit a brief or any new evidence after filing the appeal. The petition...
Ability To Pay Proffered Wage Beneficiary'S Work Experience Procedural Requirements For Appeal
remanded
EB-2
Unknown
The appeal was rejected because it was filed one day late, on the 34th day after the decision was issued, exceeding the 33-day filing deadli...
Timeliness Of Appeal
dismissed
EB-2 NIW
Geographic Information Systems
The appeal was dismissed because the petitioner did not establish that a waiver of the job offer requirement would be in the national intere...
Employment In An Area Of Substantial Intrinsic Merit Proposed Benefit Will Be National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker With The Same Minimum Qualifications
remanded
EB-2 NIW
Biochemistry
The director denied the petition, finding the petitioner had not established that an exemption from the job offer requirement would be in th...
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Molecular And Cell Biology
The appeal was dismissed because the petitioner did not establish that an exemption from the requirement of a job offer would be in the nati...
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Motion Picture Producer And Director
The appeal was dismissed because the petitioner failed to establish eligibility for classification as an alien of exceptional ability. The A...
Degree, Diploma, Certificate, Or Similar Award Ten Years Of Full-Time Experience License To Practice The Profession
dismissed
EB-2 NIW
Medicine
The AAO affirmed its prior dismissal of the appeal upon a motion to reopen. The decision maintains that the petitioner, a physician, did not...
Substantial Intrinsic Merit National In Scope Serve The National Interest To A Substantially Greater Degree
dismissed
EB-2
Software Development
The appeal was dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss (NOID). The NOID req...
Ability To Pay Active Business Status
dismissed
EB-2
Business Analysis
The petition remains denied because the beneficiary's three-year foreign bachelor's degree is not considered equivalent to a U.S. baccalaure...
Advanced Degree Equivalence Foreign Degree Evaluation Educational Requirements
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary's three-year Bachelor of Science degree from India was not found to be equivalent to a U.S....
Advanced Degree Requirement Foreign Degree Equivalency Labor Certification Requirements
remanded
EB-2 NIW
Unknown
The appeal was rejected because it was filed untimely, 34 days after the decision was issued, exceeding the 33-day limit. However, the AAO r...
Timely Filing Of Appeal Treating Untimely Appeal As A Motion To Reopen Or Reconsider
dismissed
EB-2 NIW
Education
The AAO dismissed the motion to reconsider a prior appeal dismissal. The director and the AAO had previously found that the petitioner, a Sw...
Advanced Degree Substantial Intrinsic Merit National In Scope Serving National Interest To A Greater Degree Than U.S. Worker
dismissed
EB-2 NIW
Surgery
The appeal was dismissed on procedural grounds. The petitioner appealed the director's dismissal of a motion to reconsider but failed to arg...
National Interest Waiver
dismissed
EB-2 NIW
Transportation Engineering
The appeal was dismissed because the petitioner, while qualifying as a member of the professions holding an advanced degree, failed to estab...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A Minimally Qualified Us Worker
remanded
EB-2
Unknown
The appeal was rejected because it was untimely filed. The appeal was received 35 days after the decision was issued, exceeding the 33-day l...
dismissed
EB-2 NIW
Public Health
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national inte...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Business
The appeal was dismissed as moot because the beneficiary had already obtained lawful permanent resident status through a separate, subsequen...
Exceptional Ability National Interest Waiver
dismissed
EB-2
Unknown
The motion to reconsider was dismissed because it failed to establish that the AAO's prior decision was based on an incorrect application of...
Motion To Reconsider Requirements Proper Filing Of Appeal Requirement For Form G-28
dismissed
EB-2
Market Research
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Educational Requirements Appeal Filing Requirements
dismissed
EB-2 NIW
Unknown
The motion to reopen and reconsider was dismissed because it was filed after the regulatory deadline. The motion was received by the service...
Timeliness Of Motion To Reopen/Reconsider
dismissed
EB-2
Unknown
The motion to reconsider was dismissed because it was filed untimely. The motion was received by the service center 43 days after the decisi...
Timely Filing Of A Motion
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The appeal was received by the service center 34 days after the decision was issued, exceeding th...
Timely Filing Of Appeal
dismissed
EB-2
Software Engineering
The director initially denied the petition because the petitioner had not established the ability to pay the proffered wage. On appeal, the ...
Ability To Pay Proffered Wage
dismissed
EB-2 NIW
Scientific Research
The appeal was summarily dismissed on procedural grounds, not the merits of the case. The petitioner failed to address the specific reason f...
Untimely Appeal Untimely Motion To Reopen Failure To Identify Error On Appeal Abandonment Of Issue
dismissed
EB-2 NIW
Mechanical Engineering
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement was in the national interest....
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
sustained
EB-2 NIW
International Relations
The appeal was sustained on a motion to reopen because the petitioner provided new evidence establishing their significant influence. While ...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Environmental Science
The appeal was dismissed because the petitioner failed to establish that their work would serve the national interest to a substantially gre...
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Medicine
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a promised brief and the appeal notice itself was ...
National Interest Waiver Letters From Peers And Experts Impact Of Past Research Citations
dismissed
EB-2
Unknown
The director initially denied the petition because the petitioner failed to demonstrate the ability to pay the proffered wage. The appeal wa...
Ability To Pay Proffered Wage Procedural Grounds For Dismissal
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner's counsel, after filing the appeal, failed to submit a brief or any additional evi...
Ability To Pay Proffered Wage
dismissed
EB-2 NIW
Mathematics
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national inte...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Software Engineering
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national inte...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Bioeconomics
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer and labor certification requirement would...
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Research Science
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The underlying appeal had been reje...
Motion To Reopen Motion To Reconsider Improperly Filed Appeal Representation By Counsel
dismissed
EB-2
Product Management
The appeal was dismissed because the associated labor certification (ETA Form 9089) failed to demonstrate that the job requires a profession...
Advanced Degree Or Equivalent Exceptional Ability Job Offer Requirements On Labor Certification
dismissed
EB-2
Civil Engineering
The appeal was dismissed because the matter was considered moot. USCIS records indicated that the beneficiary had already adjusted to lawful...
Advanced Degree Or Equivalent Baccalaureate Degree Plus Five Years Of Experience
dismissed
EB-2
Software Development
The appeal was dismissed because the director determined that the petitioner failed to establish that the beneficiary satisfied the minimum ...
Beneficiary'S Educational Qualifications Beneficiary'S Experience Qualifications Petitioner'S Ability To Pay Proffered Wage
dismissed
EB-2 NIW
Molecular Biology
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement was in the national interest....
Employment In An Area Of Substantial Intrinsic Merit Proposed Benefit Will Be National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than An Available U.S. Worker
dismissed
EB-2 NIW
Network Engineering
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement would be in the national inte...
Substantial Intrinsic Merit National In Scope Alien Will Serve The National Interest To A Substantially Greater Degree Than An Available U.S. Worker
dismissed
EB-2 NIW
Semiconductor Design
The appeal was dismissed because the petitioner failed to establish that a waiver of the job offer requirement was in the national interest....
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Systems Analysis
The appeal was dismissed because while the petitioner's work in electronic medical records was found to have substantial intrinsic merit and...
Substantial Intrinsic Merit National In Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2
Software Engineering
The appeal was dismissed because the job requirements listed on the labor certification (Form ETA 750) did not meet the regulatory standard ...
Advanced Degree Requirement
dismissed
EB-2
Systems Engineering
The appeal was rejected because it was filed untimely. The director's decision was issued on January 22, 2009, allowing 33 days for an appea...
Timeliness Of Appeal
sustained
EB-2 NIW
Biological Science
The director denied the petition, finding the petitioner had not established that a waiver of the job offer requirement would be in the nati...
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2
Unknown
The motion to reopen was dismissed because the petitioner did not submit any new facts or evidence as required. The motion to reconsider was...
Motion To Reopen Motion To Reconsider
dismissed
EB-2
Unknown
The petitioner requested to withdraw the petition while the appeal was pending. According to regulations, this request renders the appeal mo...
sustained
EB-2
Computer Science
The decision primarily addresses whether the beneficiary's foreign education, specifically a three-year bachelor's degree and a subsequent m...
Advanced Degree Requirement Foreign Degree Equivalency Educational Evaluation Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2 NIW
Education
The motion to reconsider was dismissed because it failed to meet regulatory requirements. The petitioner simply resubmitted the same brief f...
Motion To Reconsider Requirements Timeliness Of Motion Incorrect Application Of Law Or Policy
dismissed
EB-2 NIW
Transportation Engineering
The appeal was dismissed because the petitioner failed to establish that he would serve the national interest to a substantially greater deg...
Area Of Substantial Intrinsic Merit Benefit Of National Scope Serving The National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Medicine
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
National Interest Waiver
dismissed
EB-2 NIW
Journalism
The appeal was dismissed because the petitioner failed to meet the third prong of the national interest waiver test. While the petitioner's ...
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree Than A U.S. Worker
dismissed
EB-2 NIW
Urban Forestry
The AAO found that the petitioner did qualify for classification as an alien of exceptional ability in the sciences by meeting at least thre...
Advanced Degree Exceptional Ability Degree From A College/University Ten Years Of Experience License Or Certification Membership In Professional Associations Recognition For Achievements National Interest Waiver
remanded
EB-2
Unknown
The appeal was rejected as untimely filed because it was received 62 days after the director's decision was issued, exceeding the 33-day dea...
Timeliness Of Appeal
dismissed
EB-2 NIW
Medicine
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
National Interest Waiver Failure To Identify Error On Appeal
dismissed
EB-2 NIW
Management Consulting
The AAO found that the petitioner did qualify as a member of the professions holding an advanced degree, withdrawing the director's finding ...
Advanced Degree National Interest Waiver
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner's labor certification (ETA Form 9089) allowed for a 'combination of foreign education equiva...
Advanced Degree Requirement Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Of Experience
remanded
EB-2 NIW
Biotechnology
The appeal was remanded because the director denied the petition without first issuing a Request for Evidence (RFE) as required by regulatio...
Substantial Intrinsic Merit National In Scope Serving National Interest To A Substantially Greater Degree
remanded
EB-2 NIW
Patent Law
The appeal was remanded because the director's initial denial was flawed. The director incorrectly implied that the beneficiary needed to qu...
Advanced Degree Exceptional Ability National Interest Waiver Schedule A Designation
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 →