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 36 of 258
dismissed
L-1A
Jewelry Wholesale
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to specifically identify...
Managerial Capacity Executive Capacity
dismissed
L-1A
Medical Transcription
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
Marketing
The appeal was summarily dismissed on procedural grounds. The petitioner filed a notice of appeal but failed to submit a brief or evidence, ...
Qualifying Relationship Beneficiary'S Foreign Employment Capitalization Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Unknown
The appeal was dismissed based on a procedural action rather than the merits of the case. The petitioner's counsel formally requested that t...
Withdrawal Of Appeal
remanded
L-1A
Web Development & Trade
The director initially denied the petition, concluding the petitioner did not establish that the beneficiary would be employed in a primaril...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive capacity. ...
Executive Capacity Managerial Capacity New Office Extension Staffing
remanded
L-1A
Fashion Retail
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a primarily m...
Managerial Capacity Executive Capacity
dismissed
L-1A
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. Specifi...
Qualifying Relationship Doing Business Ownership And Control Managerial Or Executive Capacity
dismissed
L-1A
Management And Investment Services
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Organization Qualifying Relationship (Parent/Subsidiary) Managerial Or Executive Capacity
dismissed
L-1B
Beverage Services
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be primarily employed in a specialized know...
Possession Of Specialized Knowledge Proposed Employment In A Specialized Knowledge Capacity Whether Knowledge Is Advanced Or Uncommon Training And Job Duties
dismissed
L-1A
Telecommunications
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
Wholesale Giftware
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
Plastics Manufacturing
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after requesting an exte...
Managerial Or Executive Capacity Seven-Year Limit On Stay Qualifying Relationship Failure To Identify Error On Appeal
dismissed
L-1A
Manufacturing
The appeal was summarily dismissed because the petitioner, on appeal, failed to specifically identify any erroneous conclusion of law or sta...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact Resolving Inconsistencies In The Record
dismissed
L-1A
Real Estate Maintenance
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-1A
Electromachinery
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 New Office Extension
dismissed
L-1A
Computer Software
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Qualifying Relationship Sufficient Investment Failure To Submit Requested Evidence Failure To State Grounds For Appeal
dismissed
L-1A
Export/Import And General Trading
The director denied the petition for an L-1A extension, concluding that the petitioner failed to establish that the beneficiary would be emp...
Managerial Capacity Executive Capacity
dismissed
L-1A
Unknown
The appeal was dismissed. The dismissal was based on a request from the petitioner's counsel to withdraw the appeal.
dismissed
L-1A
Office Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for one continuous year within ...
One Year Of Continuous Employment Abroad Managerial Or Executive Capacity (Abroad) New Office Requirements
dismissed
L-1A
Jewelry Manufacturing
The appeal was dismissed because the petitioner failed to overcome the director's findings on two key points. The petitioner did not provide...
Managerial/Executive Capacity Qualifying Relationship New Office Requirements
remanded
L-1A
Oil And Gas
The director denied the petition after concluding that the petitioner, incorporated in 1998 with an active bank account, did not qualify as ...
New Office Requirements Managerial Or Executive Capacity Qualifying Relationship Doing Business Sufficient Physical Premises
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...
Managerial Capacity Executive Capacity New Office Extension Doing Business Staffing Levels
dismissed
L-1A
Dry Cleaning
The appeal was dismissed because the petitioner sought a second 'new office' petition after the first one-year period expired without the bu...
New Office Requirements Managerial Or Executive Capacity Doing Business Extension Of New Office Petition Eligibility For A Second New Office Petition
dismissed
L-1A
Dental Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity Supervision Of Professional Employees Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
L-1A
Construction
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-1B
Manufacturing
The appeal was dismissed as moot. The AAO noted that the beneficiary had already been granted L-1B status through a different employer, rend...
Specialized Knowledge
dismissed
L-1A
Therapeutic Massage
The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined that the appeal was improperly filed by the...
Standing To Appeal Managerial Or Executive Capacity Doing Business
dismissed
L-1A
Automotive Restoration
The appeal was dismissed because the petitioner failed to provide a detailed description of the beneficiary's daily duties to prove they wer...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Retail Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive or manag...
Managerial Or Executive Capacity Job Duties Description Staffing Levels Supervision Of Subordinate Employees New Office Requirements
dismissed
L-1A
Electrical Equipment
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship Managerial/Executive Capacity Ownership And Control
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad in a primarily managerial ...
Employment Abroad In A Primarily Managerial Capacity Employment Abroad In A Primarily Executive Capacity Qualifying Organization New Office Requirements
dismissed
L-1A
Music Industry
The appeal was dismissed because the petitioner failed to establish that the beneficiary's duties are primarily managerial or executive. The...
Managerial Capacity Executive Capacity
dismissed
L-1A
Plastering Contractor
The motion to reopen and reconsider was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to that of a perma...
Managerial Or Executive Capacity Doing Business
dismissed
L-1A
Amusement Machines
The director denied the petition because the petitioner failed to establish a qualifying relationship, that the beneficiary would be employe...
Qualifying Relationship Managerial Or Executive Capacity Doing Business New Office Requirements Staffing
dismissed
L-1A
Electrical Equipment
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that the beneficiary would be employed i...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
L-1A
Import/Export
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Capacity Executive Capacity Organizational Complexity Staffing Levels
dismissed
L-1A
Unknown
The appeal was rejected as untimely filed. The petitioner filed the appeal 36 days after the director's decision was issued, exceeding the 3...
Timely Filing Of Appeal Standing To File Appeal
dismissed
L-1A
Textiles
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed in a primarily ...
Managerial Capacity Executive Capacity
dismissed
L-1A
Exporting Used Copying Machines
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 Doing Business
dismissed
L-1A
Investments And Construction
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 New Office Extension Requirements Sufficient Staffing Doing Business For One Year Financial Viability
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner, seeking an extension for a 'new office' petition, failed to establish it had been 'doing bu...
Doing Business For One Year Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Construction
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 Procedural Grounds For Dismissal New Office Requirements Qualifying Relationship
dismissed
L-1A
Refrigeration And Kitchen Equipment
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Business Education
The director denied the petition because the petitioner failed to demonstrate that the new U.S. office would be able to support an executive...
New Office Requirements Ability To Support An Executive Or Managerial Position Within One Year Size Of The United States Investment Managerial Or Executive Capacity
dismissed
L-1A
International Trade
The appeal was summarily dismissed because the petitioner failed to specifically address the director's reasons for denial. The director fou...
Managerial Or Executive Capacity Supervision Of Staff Nature Of Duties
dismissed
L-1A
Hospitality
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Affiliate Status Ownership And Control Franchise Agreement
dismissed
L-1A
Investments And Management
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to a permanent resident on June 14, 2005, m...
Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Insurance
The appeal was dismissed as moot. The AAO found that the beneficiary was already the beneficiary of a separate, approved L-1A petition with ...
Employment In A Primarily Managerial Or Executive Capacity U.S. Company Doing Business For The Previous Year
dismissed
L-1A
Security Equipment
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 New Office Requirements (Investment, Ability To Commence Business) Sufficient Physical Premises Qualifying Relationship (Subsidiary) Failure To Identify Specific Errors On Appeal
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to establish the financial viability of the new U.S. office as required for an L-1A n...
Sufficient Physical Premises Size Of The United States Investment Financial Ability To Commence Doing Business In The United States New Office Requirements
dismissed
L-1A
Janitorial Services
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that the beneficiary would be employed i...
Managerial Capacity Executive Capacity
dismissed
L-1A
Religion
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Qualifying Relationship
dismissed
L-1A
Travel Services
The appeal was dismissed because the petitioner failed to establish that the new U.S. office was sufficiently funded at the time the petitio...
New Office Requirements Size Of U.S. Investment Financial Ability Of Foreign Entity Managerial Or Executive Capacity
dismissed
L-1A
Industrial Equipment Sales
The motion to reopen and reconsider was dismissed on procedural grounds. The attorney who filed the motion was not properly authorized to re...
Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen Requirements Motion To Reconsider Requirements Proper Legal Representation
dismissed
L-1A
International Travel
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed by the foreign entity primarily i...
Managerial Capacity Executive Capacity
dismissed
L-1A
Toy And Chemical 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 New Office Extension Requirements
dismissed
L-1A
Janitorial 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
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity
dismissed
L-1A
Marketing And Sales
The director initially denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a p...
Managerial Capacity Executive Capacity
dismissed
L-1A
Hospitality
The appeal was dismissed primarily because the extension petition was filed after the beneficiary's original period of stay had expired, mak...
Managerial Or Executive Capacity Qualifying Relationship Timely Filing Of Extension New Office Requirements
dismissed
L-1A
Award Products Manufacturing
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity as required for the L-...
Qualifying Relationship Joint Venture Ownership And Control
dismissed
L-1A
Restaurant 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 New Office Extension Requirements Qualifying Relationship
dismissed
L-1A
Marketing And Advertising
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-1A
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 Qualifying Organizations New Office Extension Requirements
dismissed
L-1A
Not Specified
The appeal was rejected as untimely. The petitioner filed the appeal 35 days after the director's decision was mailed and faxed, exceeding t...
Timeliness Of Appeal Treating Late Appeal As A Motion
dismissed
L-1B
Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge or that the propose...
Specialized Knowledge Of The Beneficiary Position Requires Specialized Knowledge Beneficiary'S Prior Employment In A Specialized Knowledge Capacity
dismissed
L-1A
Audio/Visual Equipment
The appeal was dismissed as moot. According to USCIS records, the beneficiary had already adjusted their status to that of a permanent resid...
Managerial Or Executive Capacity
dismissed
L-1A
Textiles
The appeal was rejected on procedural grounds because it was improperly filed by an individual who was not an authorized representative. The...
Managerial Or Executive Capacity Abroad Ability To Support A Managerial Or Executive Position (New Office) Proper Filing Of Appeal By An Authorized Representative
dismissed
L-1B
Diamonds/Jewelry
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge or that the propose...
Specialized Knowledge Qualifying Organization One Year Continuous Employment Abroad Nature Of U.S. Position
dismissed
L-1A
Unknown
The appeal was dismissed because it was untimely filed. The appeal was received on September 21, 2004, more than a year after the director's...
Timely Filing Of Appeal Motion To Reopen/Reconsider
dismissed
L-1B
Gas To Liquids Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the requisite specialized knowledge or th...
Specialized Knowledge Of The Beneficiary Specialized Knowledge Nature Of The Position
dismissed
L-1B
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a 'gaucho chef,' possessed specialized knowledge a...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1B
Flooring Installation
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the requisite specialized knowledge or th...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Business Consulting
The appeal was rejected because it was not properly filed. Under regulations, the beneficiary of a visa petition is not a recognized party a...
Primarily Managerial Or Executive Capacity Standing To Appeal
dismissed
L-1A
Unknown
The appeal was rejected because it was filed one day late. The director's decision was mailed on March 17, 2005, making the appeal due in 33...
Untimely Filing Of Appeal Treating Untimely Appeal As A Motion
dismissed
L-1B
Exercise And Health
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary possessed specialized knowledge o...
Possession Of Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Plastics Industry
The appeal was summarily dismissed because counsel failed to submit a brief or additional evidence to identify any erroneous conclusion of l...
Sufficient Physical Premises For A New Office New Office Will Support An Executive Or Managerial Position Within One Year Executive Or Managerial Capacity
dismissed
L-1A
Computer Sales
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party with legal standing to file an app...
Standing To File Appeal Proper Filing Requirements
dismissed
L-1A
Logistics And It Solutions
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 rejected as untimely filed. The decision was served on March 9, 2005, and the appeal was not received until April 11, 2005, w...
Timely Filing Of Appeal Treating An Untimely Appeal As A Motion To Reopen Or Reconsider
dismissed
L-1A
Graphic Design
The appeal was rejected because it was improperly filed by the petition's beneficiary. Per regulations, the beneficiary of a visa petition i...
Standing To File Appeal
dismissed
L-1B
Food Processing
The appeal was summarily dismissed because the petitioner failed to submit a supporting brief or evidence after being granted two extensions...
Specialized Knowledge Employment In A Specialized Knowledge Capacity (Foreign) Employment In A Specialized Knowledge Capacity (U.S.)
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed abroad in a primarily managerial or ...
Managerial Or Executive Capacity One-Year Prior Employment New Office Requirements Supervision Of Personnel
sustained
L-1A
Garment Import/Export
The director denied the petition, concluding that the petitioner had not established that the new U.S. office would support a primarily mana...
Managerial Capacity Executive Capacity New Office Requirements Organizational Structure
dismissed
L-1A
Restaurant
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
Carpet Import/Wholesale
The director initially denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily ...
Managerial Capacity Supervision Of Employees Organizational Structure
dismissed
L-1A
Venetian Blinds Manufacturing
The director denied the petition because the beneficiary was the only employee of the U.S. entity, suggesting the role would involve perform...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Hospitality
The director denied the petition after concluding there was insufficient evidence to demonstrate that the beneficiary would be employed in a...
Executive Capacity Managerial Capacity
dismissed
L-1A
Pipe Lining
The appeal was dismissed because the petitioner failed to establish key requirements for a new office extension. The petitioner did not demo...
Managerial Or Executive Capacity Doing Business New Office Requirements
dismissed
L-1A
Software Development
The director denied the petition because the petitioner failed to prove it had secured sufficient physical premises for its new office, havi...
New Office Requirements Sufficient Physical Premises
dismissed
L-1A
Software Development
The initial petition was denied because it was filed too early, more than four months before the employment start date. The appeal was dismi...
Timeliness Of Filing Mootness
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner, seeking an extension for a new office, failed to provide sufficient evidence to demonstrate...
Doing Business Managerial Or Executive Capacity New Office Extension Requirements Staffing Qualifying Organization
dismissed
L-1A
Air Filter Products
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
dismissed
L-1A
Exporting
The director initially denied the petition for failure to establish that the beneficiary would be employed in a managerial capacity and that...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Oriental Medicine
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary would not be employed in a pr...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Investment And Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Managerial Capacity Doing Business For One Year Staffing Of New Operation
dismissed
L-1A
Coffee 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
dismissed
L-1A
Real Estate And Construction
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
Improvement Services
The petition was initially denied because the petitioner had not established that the beneficiary would be employed in a primarily manageria...
Managerial Capacity Executive Capacity New Office Extension
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