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
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dismissed
L-1A
Not Specified
The appeal was rejected because it was not timely filed; the properly executed appeal form was submitted 42 days after the decision was mail...
Timely Filing Of Appeal Properly Executed Forms Standing To File Appeal
dismissed
L-1A
Television Production
The appeal was summarily dismissed on procedural grounds. The AAO found that the petitioner failed to specifically identify any erroneous co...
Managerial Or Executive Capacity Qualifying Relationship (Subsidiary/Affiliate) One Year Of Prior Employment Abroad
dismissed
L-1B
Nuclear Services
The director denied the petition for failing to establish that the beneficiary possessed or would be employed in a capacity involving specia...
Specialized Knowledge Qualifying Organization
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner failed to meet the regulatory requirements for extending the beneficiary's stay beyond the f...
Maximum Period Of Stay Promotion From Specialized Knowledge To Manager Prior Cis Approval Of Change In Capacity Six-Month Employment In Managerial Role
dismissed
L-1A
Restaurant And Property Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary had one continuous year of employment abroad within...
One Year Of Continuous Employment Abroad New Office Requirements Managerial Or Executive Capacity
dismissed
L-1B
Restaurant
The appeal was rejected on procedural grounds rather than the merits of the L-1B petition. The AAO determined that the individual who signed...
Unauthorized Representative Improperly Filed Appeal
dismissed
L-1A
Marble Import/Installation
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact On Appeal
dismissed
L-1B
Import Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a specialized knowledge capa...
Specialized Knowledge Employment Abroad Proposed U.S. Employment Doing Business
dismissed
L-1A
Computer Parts Sales
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 New Office
dismissed
L-1A
Heating Systems Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role as president/CEO would be primarily manageri...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1B
Yacht Brokerage
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge as defined by regul...
Employment Abroad In A Specialized Knowledge Position Intended U.S. Employment Requires Specialized Knowledge Special Knowledge Of The Company Product Advanced Level Of Knowledge Of Processes And Procedures Of The Company
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner, a real estate company, failed to prove it was 'doing business' as required for an L-1A new ...
New Office Extension Doing Business Qualifying Organization
dismissed
L-1A
Restaurant
The petitioner sought a second one-year "new office" approval after its initial one-year period and a subsequent extension denial. The petit...
Managerial Or Executive Capacity New Office Requirements New Office Extension Requirements Doing Business
dismissed
L-1A
Import/Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The evi...
Qualifying Relationship Doing Business Managerial Or Executive Capacity New Office Extension Requirements
remanded
L-1A
Cutlery Distribution
The director denied the petition, finding the petitioner had not established it would be 'doing business' in the United States and was merel...
New Office Requirements Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Automotive Software
The AAO stated the appeal would be rejected on procedural grounds, which is functionally a dismissal. The underlying petition had been denie...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to prove the beneficiary had one continuous year of employment abroad within the thre...
One Continuous Year Of Full-Time Employment Abroad Employment Within The Three Years Preceding The Filing Of The Petition Interruptive Vs. Non-Interruptive Periods Spent In The United States
dismissed
L-1A
Trade And Travel
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present any ...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements Ineffective Assistance Of Counsel
dismissed
L-1A
Garment Import/Trade
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director initially denied the petition for f...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Property Maintenance
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to challenge the directo...
Managerial Or Executive Capacity Sufficient Physical Premises
dismissed
L-1A
Event Planning And Catering
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or evidence to specifically identify any error ...
Doing Business For One Year Managerial Or Executive Duties Failure To Identify Specific Error On Appeal
dismissed
L-1A
Retail
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after indicating they wo...
Managerial/Executive Capacity
dismissed
L-1A
Security Systems
The director denied the petition, and the AAO dismissed the appeal, because the petitioner failed to establish that the beneficiary was empl...
Managerial Capacity Executive Capacity New Office Extension Qualifying Organization
dismissed
L-1A
Convenience Store Management
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity Staffing New Office Requirements
dismissed
L-1A
Software
The director denied the petition because the petitioner failed to demonstrate that the beneficiary would be employed by the U.S. entity in a...
Managerial Capacity Executive Capacity
dismissed
L-1A
Property Investment And Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Subsidiary Affiliate Ownership And Control New Office Requirements
dismissed
L-1A
Elder Care
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 New Office Extension Requirements Staffing Levels
dismissed
L-1A
Agricultural Products
The appeal was dismissed because the petitioner, a new office with the beneficiary as its sole employee, failed to establish that the benefi...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Computer Retail
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 New Office Extension Requirements Staffing Levels
dismissed
L-1A
Restaurant Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. There was a significa...
Qualifying Relationship Subsidiary Definition Ownership And Control Doing Business
dismissed
L-1A
Intracompany Transferee
The appeal was rejected because the AAO lacks jurisdiction to review the case. The governing regulation, 8 C.F.R. § 214.1(c)(5), states that...
Right To Appeal Jurisdiction Extension Of Stay (Form I-539)
remanded
L-1B
Software Development
The AAO withdrew the director's denial and remanded the case for a new decision. The director had concluded that the petitioner failed to es...
Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Electronics Wholesale
The appeal was dismissed because the petitioner failed to establish that the U.S. entity had been 'doing business' for the previous year, a ...
Managerial Or Executive Capacity New Office Requirements Doing Business For One Year Staffing
dismissed
L-1A
Real Estate Management
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 New Office Extension Staffing Beneficiary'S Job Duties
dismissed
L-1A
Chemical Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Executive Capacity Managerial Capacity New Office Extension Staffing Levels Doing Business
dismissed
L-1A
Marketing And Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Employment In A Primarily Managerial Or Executive Capacity (U.S. Position) Employment In A Primarily Managerial Or Executive Capacity (Foreign Position) Organizational Staffing And Structure
dismissed
L-1A
Printing And Design
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 New Office Extension Requirements Staffing
dismissed
L-1A
Software Development & Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Doing Business For One Year Staffing
remanded
L-1A
Apparel/Garments
The director denied the petition for failing to establish that the new U.S. office would employ the beneficiary in a primarily managerial or...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support Position Within One Year
dismissed
L-1A
Pharmaceuticals
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 New Office Extension Requirements Staffing
dismissed
L-1A
Unknown
The appeal was rejected, as the AAO lacks jurisdiction. According to regulation 8 C.F.R. § 214.1(c)(5), there is no appeal from the denial o...
Jurisdiction To Appeal 8 C.F.R. § 214.1(C)(5)
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds without a review of the merits. The petitioner voluntarily requested to withdraw the appeal, ...
dismissed
L-1B
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge or that the propose...
Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Ironworks Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a qualifying ...
Qualifying Managerial/Executive Capacity Sufficient Physical Premises New Office Requirements Ability To Support Manager/Executive Within One Year
dismissed
L-1A
Hotel Management
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 New Office Extension Requirements Staffing Levels Doing Business
dismissed
L-1A
Computer And Construction
The motion to reopen and reconsider was dismissed on procedural grounds. It was filed by the beneficiary's counsel, who is not a recognized ...
Proper Party To File Motion Timeliness Of Motion Ineffective Assistance Of Counsel Proper Filing Location For Motion
dismissed
L-1A
Machinery Installation And Maintenance
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a permanent resident, which rend...
Managerial Capacity Mootness
dismissed
L-1A
Cleaning Services
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
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw it. The AAO did not review the merits of the case, ...
dismissed
L-1A
International Trade
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to provide new facts required for a motion to...
Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Import/Export
The appeal was summarily dismissed because the petitioner and counsel failed to specifically identify an erroneous conclusion of law or stat...
Managerial Or Executive Capacity Qualifying Relationship One Year Prior Employment
dismissed
L-1B
Accounting
The appeal was dismissed because the petitioner failed to establish that the proposed position of accountant required an employee with speci...
Specialized Knowledge Special Knowledge Of The Company Product Advanced Level Of Knowledge Of Processes And Procedures Of The Company
dismissed
L-1A
Real Estate Management
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it was not proven that the beneficiary woul...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1B
Supply Chain Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the prospec...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Wholesale Furniture
The appeal was dismissed because the petitioner failed to establish two key requirements for an L-1A new office extension. The director conc...
Managerial Or Executive Capacity Doing Business For Previous Year New Office Extension Requirements Staffing
dismissed
L-1B
Fine Art Reproduction
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge as defined by statu...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The decision was purely procedural and ...
dismissed
L-1B
Fast Food Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge or that the propose...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Leather Goods
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the applicable requirements. The petitioner did not ...
Managerial Or Executive Capacity Sufficient Physical Premises New Office Requirements Motion To Reopen Standards Motion To Reconsider Standards
dismissed
L-1B
Fast Food
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary possesses specialized knowledge or...
Specialized Knowledge
dismissed
L-1A
Recycling And Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed by the foreign entity in a qualif...
Qualifying Employment Abroad (Managerial/Executive) Proposed Employment In The Us (Managerial/Executive) New Office Requirements
dismissed
L-1B
Software
The director denied the petition for failing to establish that the beneficiary possesses specialized knowledge and that the proposed U.S. po...
Possession Of Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Import/Export Services
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 First-Line Supervisor Supervision Of Professional Employees
dismissed
L-1A
Jewelry
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
L-1A
Jewelry
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 New Office Extension Staffing Levels Qualifying Organization
dismissed
L-1A
Real Estate / Import-Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the foreign entity...
Qualifying Relationship New Office Requirements Sufficient Physical Premises Capitalization
dismissed
L-1A
Automotive
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity Doing Business In The U.S.
dismissed
L-1A
Automotive
The appeal was dismissed as moot. The beneficiary had already been admitted to the United States as a legal permanent resident on March 14, ...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Scuba Equipment
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship One Year Of Prior Employment Abroad New Office Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
L-1A
Mortgage Services
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Staffing Levels New Office Requirements
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish two key points for the L-1A extension. First, it did not prove the benef...
Managerial Or Executive Capacity Qualifying Relationship New Office Requirements
dismissed
L-1A
Broadcast Equipment
The director denied the petition, concluding that the petitioner did not establish that the beneficiary would be employed in the United Stat...
Managerial Capacity Functional Manager
dismissed
L-1A
Business Systems
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to that of a U.S. permanent resident, rende...
Managerial Or Executive Capacity Qualifying Organizations
dismissed
L-1A
Restaurant And Bakery
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship Affiliate Common Ownership And Control
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner requested that the appeal be withdrawn. The decision was not made on the merits of the case.
Withdrawal Of Appeal
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested its withdrawal. The AAO granted the withdrawal request, causing the dire...
Withdrawal Of Appeal
dismissed
L-1A
Diamond And Jewelry Wholesale
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 Essential Function Manager
dismissed
L-1A
Computer Software
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a permanent resident, which rend...
Managerial Or Executive Capacity
dismissed
L-1B
Asset Recovery And Recycling
The appeal was summarily dismissed because the petitioner failed to challenge the director's finding that a qualifying affiliate relationshi...
Qualifying Relationship Affiliate Definition Common Ownership And Control Eligibility At Time Of Filing
dismissed
L-1A
Computer Education
The motion to reopen and reconsider was dismissed because it was untimely filed. The motion also failed to meet regulatory requirements, as ...
Managerial Or Executive Capacity Doing Business For One Year Motion To Reopen Motion To Reconsider
dismissed
L-1A
Computer Education
The motion to reopen and reconsider was dismissed. The AAO found the motion was untimely filed and failed to meet the regulatory requirement...
Employment In A Managerial Or Executive Capacity Doing Business For One Year (New Office Extension) Requirements For A Motion To Reopen Requirements For A Motion To Reconsider
dismissed
L-1A
Wood Wholesale
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating the beneficiary would be employed in a p...
Managerial Capacity Executive Capacity Function Manager
dismissed
L-1A
Medical Equipment
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 New Office Extension Staffing Levels Doing Business
dismissed
L-1A
Electronics Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a primari...
Managerial Capacity Executive Capacity Qualifying Organization
dismissed
L-1A
Tourism
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Supervision Of Personnel Management Of An Essential Function Primarily Managerial Duties
dismissed
L-1A
Product Distribution
The appeal was summarily dismissed because the petitioner failed to provide a brief or additional evidence to support the appeal. The AAO af...
Managerial Or Executive Capacity Doing Business Staffing Levels New Office Extension
dismissed
L-1A
Electronics And Wholesale
The motion was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to a U.S. permanent resident as of March 15...
Qualifying Relationship
dismissed
L-1A
Unknown
The appeal was dismissed because the underlying motion to reopen was not filed in a timely manner. Although the motion was first received be...
Timeliness Of Motion To Reopen Proper Filing Of Motion (Signature Requirement)
dismissed
L-1A
Software Development
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
dismissed
L-1A
Marketing And Advertising
The appeal was dismissed because the petitioner failed to establish that the U.S. company was sufficiently staffed to support the beneficiar...
Managerial Capacity Executive Capacity Staffing Levels Organizational Structure
dismissed
L-1A
Diamond Wholesale
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The ini...
Qualifying Relationship Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house the new office...
New Office Requirements Sufficient Physical Premises Managerial Capacity Within One Year
dismissed
L-1A
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Qualifying Organization Doing Business Abroad Managerial Capacity New Office Extension
dismissed
L-1A
Precious Stones
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises for the new office at the time t...
Sufficient Physical Premises Managerial Or Executive Capacity (Abroad) Support For Managerial/Executive Position (Us) Qualifying Relationship New Office Requirements
dismissed
L-1A
Business Management
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 New Office Extension Requirements Supervision Of Subordinate Staff
dismissed
L-1A
Publishing
The director denied the petition because the petitioner did not establish that the beneficiary would be employed in a primarily managerial o...
Managerial Capacity Executive Capacity New Office Extension Qualifying Organization
dismissed
L-1B
Wellness
The appeal was dismissed because the petitioner failed to overcome the director's initial findings. The director concluded that the petition...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive...
Managerial Capacity Executive Capacity
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