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 35 of 258
dismissed
L-1A
Apparel
The appeal was rejected as untimely because it was filed one day past the deadline. The AAO also noted that even if it had been timely, it w...
Timeliness Of Appeal New Office Requirements Substantive Basis For Appeal
dismissed
L-1A
Retail
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party with the authority to file an appe...
Proper Filing Of Appeal Beneficiary As A Party To The Proceeding Managerial Or Executive Capacity Corporate Viability
dismissed
L-1A
Interior Decoration And Remodeling
The appeal was rejected because it was improperly filed by the beneficiary's counsel. Under regulations, the beneficiary of a visa petition ...
Managerial Or Executive Capacity Qualifying Relationship Doing Business In The U.S. Foreign Entity Doing Business Abroad Standing To Appeal
dismissed
L-1B
Education
The appeal was rejected because it was filed untimely. The appeal was submitted 32 days after the director's decision was served, which is o...
Timely Filing Of Appeal Treating Late Appeal As A Motion
dismissed
L-1A
Import/Export
The appeal was rejected for being improperly filed, as the petitioner used the wrong form and submitted an incorrect fee. The AAO further no...
Employment In A Primarily Managerial Or Executive Capacity One Continuous Year Of Employment Abroad Proper Filing Of Appeal (Correct Form And Fee)
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to establish it was a 'new office.' The AAO determined that evidence such as tax retu...
Managerial Or Executive Capacity (Us Role) Managerial Or Executive Capacity (Foreign Role) Qualifying Organization Doing Business New Office
dismissed
L-1A
Software Development
The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined that the appeal was improperly filed becaus...
Standing To Appeal Properly Filed Appeal
dismissed
L-1A
Real Estate And Hospitality
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Clothing Manufacturing
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove that the beneficiary would...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Real Estate Development
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 New Office Extension Staffing And Supervision
dismissed
L-1A
Retail
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted their status to that of a permanent resident on Ju...
Managerial Or Executive Capacity Mootness
dismissed
L-1A
Entertainment
The motion to reopen was dismissed for procedural reasons. The motion was improperly filed by the beneficiary, who is not a recognized party...
Standing To File A Motion Submission Of New Facts For Motion To Reopen
dismissed
L-1A
Restaurant Business
The appeal was dismissed because the petitioner failed to provide sufficient evidence of the foreign entity's financial investment in the U....
New Office Requirements Sufficient Financial Investment Ability To Support A Managerial Or Executive Position
dismissed
L-1A
Automobile Parts
The motion to reopen and reconsider was dismissed on procedural grounds. The motion was filed by an unauthorized foreign attorney not licens...
Managerial Or Executive Capacity New Office Requirements Motion To Reopen Motion To Reconsider Unauthorized Counsel
dismissed
L-1A
Food Service
The appeal was rejected because it was improperly filed by the beneficiary's representative. Per regulations, the beneficiary of a visa peti...
Standing To Appeal Improper Filing By Beneficiary
dismissed
L-1A
Automotive Parts
The decision addresses a motion to reopen and reconsider a previously dismissed appeal. The motion was dismissed because the petitioner fail...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1A
Diamond Wholesale
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Requirements Prior Employment Abroad
dismissed
L-1A
Design
The appeal was rejected as untimely. It was filed 34 days after the director's decision was mailed, which is one day beyond the 33-day filin...
Timeliness Of Appeal Managerial Or Executive Capacity Doing Business Failure To State Grounds For Appeal Corporate Dissolution
dismissed
L-1A
Restaurant
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
dismissed
L-1A
Property Management And Development
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party with standing to appeal. The AAO f...
Doing Business For One Year (New Office) Managerial Or Executive Capacity Improper Filing Of Appeal Failure To Identify Error Of Law Or Fact
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, not on the merits of the case. The petitioner's counsel formally requested to withdraw the a...
dismissed
L-1A
International Trade
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
dismissed
L-1A
Electrical And Mining 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 Doing Business New Office Extension Requirements
dismissed
L-1A
Construction Material 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 Doing Business For The Previous Year Staffing Levels
dismissed
L-1A
Restaurant Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Investment
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship Managerial Or Executive Capacity Doing Business Sufficient Physical Premises
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 capacit...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) One Year Of Foreign Employment
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to credibly establish the beneficiary's one year of continuous employment abroad in a...
One Year Of Continuous Employment Abroad Managerial Or Executive Capacity Abroad New Office Requirements Sufficient Funding/Capitalization
dismissed
L-1A
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 Supervision Of Personnel Performing Non-Qualifying Duties
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 Staffing Levels
dismissed
L-1A
Heavy Equipment Rental
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily m...
Managerial Capacity (Foreign Employment) Managerial Capacity (U.S. Employment)
dismissed
L-1A
Marble And Granite Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity
dismissed
L-1A
Investment And Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position would be primarily in a ma...
Managerial Capacity Executive Capacity
dismissed
L-1A
Travel And Tourism
The motion to reopen or reconsider was dismissed because the petitioner failed to meet the regulatory requirements. The motion to reopen did...
Managerial Capacity Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Import And Export
The appeal was dismissed because the director properly revoked the initial approval based on 'gross error.' The petitioner failed to establi...
Managerial Or Executive Capacity New Office Requirements Doing Business For One Year Gross Error In Prior Approval
dismissed
L-1A
Jewelry
The appeal was dismissed because the petitioner failed to respond to the Notice of Intent to Revoke, which was issued after an overseas inve...
Qualifying Relationship Managerial/Executive Capacity Existence Of Foreign Entity New Office Requirements Truthfulness Of Petition Statements
dismissed
L-1A
Information Technology
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 Professional Employees Primarily Managerial Duties Discretion Over Day-To-Day Operations
dismissed
L-1B
Manufacturing
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Specialized Knowledge Failure To Identify Specific Error Of Law Or Fact On Appeal Failure To Submit Requested Evidence
dismissed
L-1A
Jewelry Trading
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 (Abroad) Managerial Or Executive Capacity (U.S.) New Office Requirements Failure To State Grounds For Appeal
dismissed
L-1B
Recycling Services
The director denied the petition for failing to establish that the beneficiary's proposed employment in the U.S. would be in a specialized k...
Specialized Knowledge Capacity Employment Abroad In A Specialized Knowledge Capacity
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. As a result, the AAO did not rule on th...
dismissed
L-1B
Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the propose...
Specialized Knowledge
dismissed
L-1A
Courier And Money Remittance
The appeal was dismissed because the petitioner failed to establish the beneficiary would be employed in a primarily managerial or executive...
Managerial Capacity Executive Capacity One Year Abroad Qualifying Relationship
dismissed
L-1A
Payment Processing Software
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 Beneficiary'S Duties
dismissed
L-1A
Importation
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 New Office Extension Staffing Levels
dismissed
L-1A
General Services
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
New Office Physical Premises Financial Ability To Commence Business Summary Dismissal Basis Continued Existence Of Petitioner
dismissed
L-1A
Retail, Trade, And Investment
The director denied the petition on two grounds: the beneficiary was not serving in a managerial or executive capacity, and the petitioner f...
Managerial Or Executive Capacity Doing Business For One Year Staffing Levels New Office Extension
remanded
L-1A
Persian Rug Retail
The director denied the petition based on U.S. economic sanctions against Iran, concluding the beneficiary would be working for an Iranian b...
Section 101(A)(15)(L) 8 C.F.R. § 214.2(L)(3) New Office Requirements Iranian Economic Sanctions (Executive Order 13059) 31 C.F.R. § 560.505(C)
dismissed
L-1A
Real Estate
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
Computer Hardware/Software
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 New Office Extension
dismissed
L-1A
Cafe Management
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to properly file a brief for the initial appe...
Managerial Or Executive Capacity Motion To Reopen (New Facts) Motion To Reconsider (Incorrect Application Of Law)
dismissed
L-1A
Custom Framing/Art
The motion to reopen and reconsider was dismissed. The motion to reopen failed because it did not present new facts that were previously una...
Motion To Reopen Motion To Reconsider Ineffective Assistance Of Counsel New Facts
dismissed
L-1A
Printing
The appeal was rejected, which is equivalent to a procedural dismissal, because it was not properly filed by the petitioner. The appeal was ...
Proper Filing Of Appeal Standing To Appeal Qualifying Organization
dismissed
L-1A
Unknown
The appeal was rejected because it was filed after the deadline had passed. The decision was issued on December 7, 2004, and the appeal was ...
Timeliness Of Appeal
dismissed
L-1A
Unknown
The appeal was rejected because the petitioner failed to respond to multiple requests to submit a reconstructed petition after the original ...
Qualifying Corporate Relationship Abandonment Of Appeal
dismissed
L-1A
Commercial Development
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Unknown
The appeal was rejected because governing regulations, specifically 8 C.F.R. § 214.1(c)(5), state there is no appeal from the denial of an a...
Appealability Of Form I-539 Denial 8 C.F.R. 214.1(C)(5)
dismissed
L-1A
Diamond Importing And 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 Extension Requirements Organizational Complexity Staffing Levels
dismissed
L-1A
International Trade
The appeal was summarily dismissed because the petitioner failed to identify any specific error in the director's decision, instead arguing ...
Qualifying Employment Abroad (Managerial/Executive) New Office Extension Requirements Failure To Identify Error On Appeal Doing Business Staffing Existence Of Qualifying U.S. Entity
dismissed
L-1A
Automotive Electronics
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to that of a permanent resident through a s...
Managerial Or Executive Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish two key points. First, it did not demonstrate that the beneficiary was e...
Managerial Capacity Abroad Executive Capacity In The U.S. New Office Extension Requirements Staffing Levels
dismissed
L-1A
Stone Export
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
dismissed
L-1B
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the propose...
Beneficiary Possesses Specialized Knowledge Proposed Employment Is In A Capacity Involving Specialized Knowledge
dismissed
L-1A
Marketing And Promotional Merchandise
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 Professional/Supervisory Employees Management Of An Essential Function Qualifying Relationship Between U.S. And Foreign Entities
dismissed
L-1A
Transportation
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity Detailed Job Description
dismissed
L-1A
Unknown
The appeal was dismissed because counsel for the petitioner requested that the appeal be withdrawn. The AAO's decision was based solely on t...
Withdrawal Of Appeal
dismissed
L-1B
Food Service
The appeal was dismissed because the petitioner failed to establish that the offered position required the services of an individual with sp...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1B
Women'S Apparel Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the propose...
Specialized Knowledge Position Requiring Specialized Knowledge New Office Extension Requirements
dismissed
L-1A
Construction Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily m...
Managerial Capacity Executive Capacity New Office Requirements Qualifying Employment Abroad
dismissed
L-1A
Jewelry
The motion to reopen was dismissed on procedural grounds. The petitioner's motion did not state new facts or include supporting evidence at ...
Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen Requirements
dismissed
L-1A
Handcrafted Goods
The appeal was dismissed because the petitioner, a new office, failed to prove that the U.S. entity would support a primarily managerial or ...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Event Sound Systems
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
Retail
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
Managerial Or Executive Capacity Qualifying Organization
dismissed
L-1A
Import/Sale Of Goods
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
Import/Export And 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 Requirements
dismissed
L-1B
Software Development
The director initially denied the petition based on a misreading of the petitioner's operating agreement regarding ownership. Although the A...
Qualifying Relationship Affiliate Subsidiary Parent Ownership And Control
dismissed
L-1A
Computer Programming
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises for its new office. The petition...
Sufficient Physical Premises For New Office Executive Capacity Of U.S. Position Executive Capacity Of Foreign Position New Office'S Ability To Support An Executive/Managerial Position Within One Year
dismissed
L-1A
Retail
The motion to reconsider was dismissed because the underlying appeal was correctly rejected as untimely filed. The petitioner's appeal was r...
Timely Filing Of Appeal Managerial Capacity Executive Capacity
dismissed
L-1A
Exports And Imports
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial capa...
Managerial Capacity Staffing Levels
dismissed
L-1A
Consultancy
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
dismissed
L-1A
Wholesale Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Organizational Structure Supervision Of Employees Beneficiary'S Proposed Duties
dismissed
L-1A
Swimming Pool Services
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
dismissed
L-1A
Sales And Distribution
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner did ...
Managerial Or Executive Capacity Doing Business Staffing Of The New Operation New Office Extension Requirements
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. No substantive issues of the case were dis...
dismissed
L-1A
Computer Wholesale
The appeal was dismissed because the petitioner failed to establish two key requirements for the L-1A extension. The director concluded that...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Automotive Parts
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Managerial Or Executive Capacity Procedural Requirements For Appeal
dismissed
L-1A
Computer Hardware And Software
The appeal was dismissed because the petitioner failed to establish the existence of a qualifying relationship between the U.S. company and ...
Qualifying Relationship Gross Error In Approval Qualifying Organization Affiliate/Subsidiary Relationship
dismissed
L-1A
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 New Office Requirements
dismissed
L-1A
Equipment
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 New Office Extension Requirements
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner requested to withdraw it. The merits of the case were not discussed.
dismissed
L-1A
Promotional And Advertising Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The evi...
Qualifying Organization Subsidiary Relationship Affiliate Relationship Common Ownership And Control
dismissed
L-1A
Retail Investment
The appeal was rejected because it was improperly filed. The regulations state that the beneficiary of a visa petition is not a recognized p...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Abroad Proper Filing Of Appeal
dismissed
L-1B
Graphic Design
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted their status to that of a permanent resident as of...
Specialized Knowledge
dismissed
L-1A
Import-Export 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
remanded
L-1A
Engineering
The director's decision was withdrawn and the case was remanded for further consideration. The initial denial was based on the conclusions t...
Managerial Capacity Executive Capacity Temporary Nature Of Employment New Office Requirements
dismissed
L-1A
Publishing
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or specifically identify any erroneous conclusi...
New Office Requirements Qualifying Relationship Failure To Identify Error On Appeal
dismissed
L-1A
Construction And Import/Export
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 Qualifying Relationship Between Organizations
dismissed
L-1A
Business
The initial appeal was summarily dismissed because the petitioner failed to submit a brief. In a subsequent motion to reopen, counsel assert...
Managerial Or Executive Capacity
dismissed
L-1A
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary had completed at least one continuous year of emplo...
One Year Continuous Foreign Employment Managerial/Executive Capacity
dismissed
L-1A
Import/Export And Auto Repair
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 New Office Extension Requirements
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