Recent AAO Decisions

Browse the newest 25777 AAO decisions through a fresh archive that helps users and crawlers reach the latest case law faster.

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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 41 of 258
dismissed L-1A

Management Services

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) New Office Requirements
dismissed L-1A

Retail Trade

· Company
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 Organization Beneficiary'S Proposed Duties
dismissed L-1B

Digital Film Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the U.S. po...
Specialized Knowledge
dismissed L-1A

Business

· Company
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of l...
Managerial Or Executive Capacity Doing Business Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact For Appeal
remanded L-1B

Business

· Company
The appeal was remanded because the director adjudicated the petition under the wrong visa classification. The petitioner explicitly filed f...
Specialized Knowledge Managerial Or Executive Capacity New Office Requirements
dismissed L-1A

Retail

· Company
The director denied the L-1A extension petition, concluding that the petitioner failed to establish the beneficiary would be employed in a p...
Managerial Capacity Executive Capacity New Office Extension Requirements Qualifying Organizations Staffing
dismissed L-1A

Import-Export

· Company
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises to house its new office. The...
Sufficient Physical Premises For A New Office
dismissed L-1A

In-Flight Entertainment Services

· Company
The director denied the petition after concluding that the petitioner failed to establish that the beneficiary would be employed in the Unit...
Managerial Capacity Executive Capacity
dismissed L-1A

Floral Arrangements

· Company
The appeal was dismissed because the petitioner failed to establish the core requirements for an L-1A new office petition. The director conc...
Qualifying Relationship Employment Abroad In A Managerial/Executive Capacity Employment In The U.S. In A Managerial/Executive Capacity New Office Requirements
dismissed L-1A

General Construction

· Company
The appeal was dismissed because the petitioner failed to overcome the director's findings. Specifically, the petitioner did not establish t...
Managerial Or Executive Capacity Sufficient Physical Premises New Office Extension Requirements
dismissed L-1A

Travel Agency

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive or manag...
Executive Capacity Managerial Capacity New Office Petition Extension
dismissed L-1A

Bakery

· Company
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

Business Management

· Company
The appeal was rejected as it was untimely filed. The petitioner filed the appeal 34 days after the director's decision, exceeding the 33-da...
Timeliness Of Appeal Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
dismissed L-1A

Radio Broadcasting And Advertising

· Company
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. Specifically, the petitioner admitted...
Sufficient Physical Premises For A New Office Managerial Or Executive Capacity One Continuous Year Of Employment Abroad Qualifying Organization
dismissed L-1A

Carpet And Rug Import

· Company
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
sustained L-1A

Information Technology Consulting

· Company
The director initially denied the petition, concluding the petitioner failed to establish that the beneficiary's role was primarily manageri...
Managerial Capacity Supervision Of Professional Employees Personnel Authority (Hire/Fire) Discretion Over Day-To-Day Operations Management Of A Function Or Component
dismissed L-1A

Retail

· Company
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The new evidence submitted was not ...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements Eligibility At Time Of Filing
dismissed L-1A

Grocery

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary's...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements
dismissed L-1A

Business Process Outsourcing

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a qualifying ...
Employment Abroad In A Managerial Capacity Proposed Employment In A Managerial Capacity
dismissed L-1A

Construction Consulting

· Company
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing the petition. The director's denial wa...
New Office Sufficient Physical Premises Managerial Or Executive Capacity
dismissed L-1A

Information Technology

· Company
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

Import And Marketing

· Company
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

Restaurant Management

· Company
The appeal was dismissed because the beneficiary had reached the five-year maximum period of stay for an L-1B nonimmigrant. To qualify for t...
Maximum Period Of Stay Change Of Status From Specialized Knowledge (L-1B) To Managerial (L-1A) Timeliness Of Filing An Amended Or New Petition Managerial Capacity
dismissed L-1A

Management Consulting

· Company
The appeal was rejected as untimely filed because it was submitted 34 days after the director's decision was issued, exceeding the 33-day li...
Timeliness Of Appeal Filing Motion To Reopen Motion To Reconsider Support A Managerial Or Executive Position Sufficient Physical Premises
dismissed L-1A

Computer Equipment Sales

· Company
The appeal was dismissed because the petitioner failed to overcome the director's initial findings. The petitioner did not establish that it...
Sufficient Physical Premises New Office Requirements Qualifying Employment Abroad
dismissed L-1A

Aluminum Sales

· Company
The motion to reopen and reconsider was dismissed because it failed to meet the applicable requirements. The petitioner did not present new ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed L-1A

Oil Trading

· Company
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. Specifically, the petitioner did not ...
Sufficient Physical Premises For New Office Qualifying Relationship
dismissed L-1A

Real Estate

· Company
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 Job Duties Subordinate Staff Procedural Grounds For Appeal
dismissed L-1A

Rice Milling

· Company
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
sustained L-1A

Automotive

· Company
The director's decision to deny the petition was withdrawn because it was based on errors of fact and flawed reasoning. The AAO found that t...
Managerial Capacity Executive Capacity
dismissed L-1A

Automotive Trade

· Company
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing the petition. The director's denial wa...
Sufficient Physical Premises Support For Managerial/Executive Position Within One Year
dismissed L-1A

Consulting

· Company
The director denied the petition because the petitioner failed to establish that the new U.S. office had grown to the point where it can sup...
Managerial Capacity Executive Capacity New Office Requirements
dismissed L-1A

Clothing Distribution

· Company
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises for its business, particularly r...
Sufficient Physical Premises For A New Office Ability To Support A Managerial Or Executive Position Within One Year Managerial Capacity Executive Capacity
dismissed L-1A

Commerce

· Company
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
dismissed L-1A

Import/Export

· Company
The appeal was dismissed as moot. USCIS records indicated that the beneficiary had already adjusted her status to a U.S. permanent resident ...
Managerial Or Executive Capacity
dismissed L-1B

Vegetable Seed Development

· Company
The director denied the petition, concluding the petitioner failed to establish that the beneficiary possesses specialized knowledge or woul...
Specialized Knowledge
dismissed L-1A

Retail

· Company
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 Ability To Support A Manager/Executive Within One Year
sustained L-1A

Information Technology Consulting

· Company
The director denied the petition, concluding the petitioner did not establish that the beneficiary would be employed in a primarily manageri...
Managerial Capacity Supervision Of Professional Employees Organizational Structure Discretionary Authority
dismissed L-1A

International Trade And Investment

· Company
The appeal was rejected because it was untimely filed. The petitioner filed the appeal 39 days after the director's decision was issued, whi...
Timely Filing Of Appeal Qualifying Relationship Prior Employment Abroad Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
sustained L-1A

Computer Programming

· Company
The director denied the petition, concluding the beneficiary would not be employed in a primarily executive or managerial capacity. The peti...
Executive Capacity
dismissed L-1B

Equestrian

· Company
The director initially denied the petition, concluding that the petitioner failed to establish that the beneficiary possesses the required s...
Specialized Knowledge
dismissed L-1A

Recruiting

· Company
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

International Trade

· Company
The director denied the petition for failure to establish a qualifying relationship with the foreign employer and failure to secure sufficie...
Qualifying Relationship Sufficient Physical Premises New Office Requirements Ineffective Assistance Of Counsel
dismissed L-1A

Alcoholic Beverages

· Company
The director revoked a previously approved petition on three grounds: failure to establish a qualifying relationship between the U.S. and fo...
Qualifying Relationship Doing Business Managerial Or Executive Capacity New Office Requirements Gross Error
dismissed L-1A

Engineering

· Company
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 Organizational Structure Primarily Managerial Duties
dismissed L-1A

Farming

· Company
The appeal was dismissed because the petitioner failed to establish two independent grounds for eligibility. The petitioner did not prove th...
Managerial Or Executive Capacity Qualifying Relationship
dismissed L-1B

Unknown

· Company
The appeal was dismissed because it was considered moot. After this petition was denied, a subsequent L-1B petition and later an L-1A petiti...
Specialized Knowledge
dismissed L-1B

Nutritional Products

· Company
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Specialized Knowledge Qualifying Relationship One Year Of Prior Employment
dismissed L-1A

Travel Agency

· Company
The director denied the petition because the petitioner failed to establish a qualifying corporate relationship with the foreign employer an...
Qualifying Relationship Managerial Or Executive Capacity One Year Of Prior Employment New Office Requirements
dismissed L-1A

Unknown

· Company
The provided text is a cover letter and does not contain the substantive reasoning for the decision. The basis for the outcome cannot be det...
dismissed L-1A

International Trade And Consulting

· Company
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
remanded L-1B

Seafood Processing

· Company
The director denied the petition for failing to establish that the beneficiary had one continuous year of employment abroad within the three...
One Continuous Year Of Full-Time Employment Abroad Employment With A Qualifying Organization Employment Within Three Years Preceding Petition Filing
dismissed L-1A

Real Estate Investment

· Company
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 Doing Business
dismissed L-1A

Business Management

· Company
The appeal was dismissed because the issues were considered moot. The beneficiary had already adjusted their status to that of a U.S. perman...
Managerial Or Executive Capacity
remanded L-1B

Accounting

· Company
The director denied the petition because the beneficiary had not worked abroad for a qualifying organization in the three years immediately ...
One Year Of Continuous Employment Abroad Within The Three Years Preceding Admission/Filing
dismissed L-1A

Real Estate Investment

· Company
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 (New Office)
dismissed L-1A

Medical Equipment Wholesale

· Company
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after indicating they wo...
Qualifying Relationship Sufficient Investment One Year Of Continuous Experience In A Managerial/Executive Capacity Employment In A Primarily Managerial/Executive Capacity
dismissed L-1B

Seafood Processing

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge as legally defined....
Specialized Knowledge
dismissed L-1A

Account Management

· Company
The appeal was dismissed because the AAO affirmed the director's finding that the beneficiary failed to meet the requirement of having at le...
One Continuous Year Of Employment Abroad Qualifying Relationship Between Entities Managerial Or Executive Capacity
dismissed L-1A

Retail

· Company
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 Staffing Qualifying Organization
dismissed L-1A

Import/Distribution

· Company
The appeal was dismissed because the petitioner failed to establish two key requirements. First, the petitioner did not provide sufficient e...
Managerial Or Executive Capacity One Year Of Continuous Employment Abroad
dismissed L-1A

Legal Document Preparation

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Primarily Managerial Or Executive Capacity New Office Requirements Ability Of U.S. Operation To Support A Managerial/Executive Position Within One Year Staffing Levels Beneficiary'S Proposed Duties
dismissed L-1B

Airline Industry

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge as required. The di...
Specialized Knowledge
dismissed L-1A

Hvac

· Company
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner did ...
Managerial/Executive Capacity Sufficient Physical Premises Qualifying Relationship New Office Requirements
dismissed L-1A

Software Development And Consulting

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the foreign and U.S. entities. The dir...
Qualifying Relationship Parent-Subsidiary Relationship New Office Requirements Evidence Of Ownership And Control
dismissed L-1A

Import/Export

· Company
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

Alcoholic Beverages

· Company
The director revoked a previously approved petition after determining the petitioner failed to establish a qualifying relationship between t...
Qualifying Relationship Doing Business Managerial Or Executive Capacity New Office Extension Requirements Revocation For Gross Error
dismissed L-1B

Seafood Import And Distribution

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge. The director concl...
Specialized Knowledge Qualifying Organization One Year Of Employment Abroad New Office Requirements
dismissed L-1A

Gifts And Jewelry

· Company
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

Trade

· Company
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 Sufficient Physical Premises For A New Office New Office Regulations (8 C.F.R. ยง 214.2(L)(3)(V)) Ability Of The New Office To Support A Managerial/Executive Position Within One Year Staffing Levels And Organizational Structure
dismissed L-1B

Plastics

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or would be employe...
Specialized Knowledge Qualifying Organization Employment Abroad New Office Requirements
dismissed L-1A

Machinery Service

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position)
dismissed L-1A

Pet Services

· Company
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 Qualifying Organization Doing Business
dismissed L-1B

Software Engineering

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required 'specialized knowledge.' The...
Specialized Knowledge Employment In A Specialized Knowledge Capacity
dismissed L-1B

Fashion Trend Research

· Company
The appeal was summarily dismissed on procedural grounds. The petitioner appealed the director's denial of a motion to reopen but failed to ...
Specialized Knowledge Doing Business Motion To Reopen Requirements
dismissed L-1A

Food Service

· Company
The director denied the petition because the petitioner did not establish that the beneficiary would be employed in a primarily managerial o...
Managerial Or Executive Capacity New Office Requirements
dismissed L-1A

Real Estate And Trade

· Company
The appeal was dismissed as moot because the beneficiary had already adjusted status to a lawful permanent resident, rendering the nonimmigr...
Qualifying Relationship Qualifying Organization Willful Misrepresentation
dismissed L-1B

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge as defined by regul...
Specialized Knowledge
dismissed L-1A

Unknown

· Company
The appeal was dismissed because the petitioner formally withdrew it. The decision was purely procedural and did not address the merits of t...
dismissed L-1A

Not Specified

· Company
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. No substantive review of the case ...
remanded L-1A

Software Consulting

· Company
The case was remanded because the AAO found the director's reasons for denial to be erroneous. The AAO determined the petitioner had secured...
Sufficient Physical Premises Qualifying Relationship New Office Requirements
dismissed L-1A

Construction/Remodeling

· Company
The appeal was dismissed because the petitioner failed to overcome the two grounds for denial. The director concluded that the petitioner di...
Managerial Or Executive Capacity Qualifying Relationship
dismissed L-1B

Information Technology

· Company
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a specialized...
Specialized Knowledge
dismissed L-1A

Unknown

· Company
The appeal was dismissed because the petitioner formally requested to withdraw it through counsel.
sustained L-1A

Information Technology

· Company
The appeal was sustained because the AAO found that the petitioner successfully established the beneficiary would be employed in a primarily...
Managerial Capacity Supervision Of Professional/Supervisory Staff Discretionary Authority Personnel Authority (Hiring/Firing)
dismissed L-1A

Scrap Metal Export

· Company
The appeal was rejected as untimely filed. The petitioner filed the appeal 42 days after the director's decision was issued, exceeding the 3...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Managerial Or Executive Capacity
dismissed L-1A

Software Solutions

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship New Office Requirements Parent-Subsidiary Relationship
dismissed L-1A

Unknown

· Company
The appeal was dismissed because the petitioner formally requested to withdraw the appeal. The decision was not made on the merits of the ca...
dismissed L-1A

Food Distribution

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role qualified as a primarily managerial or execu...
Managerial Or Executive Capacity New Office Extension Staffing Levels
dismissed L-1A

Franchise Retail

· Company
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house the new office...
Sufficient Physical Premises For New Office
dismissed L-1A

Gems And Jewelry

· Company
The appeal was summarily dismissed because the petitioner failed to specifically address or rebut all of the director's grounds for denial. ...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) New Office Requirements
dismissed L-1B

Software Engineering

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or would be employe...
Specialized Knowledge Employment In A Specialized Knowledge Capacity
dismissed L-1B

Information Technology

· Company
The director denied the petition, concluding the petitioner failed to establish that the beneficiary possesses specialized knowledge as defi...
Specialized Knowledge
dismissed L-1A

Automotive Parts

· Company
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in the United St...
Managerial Capacity Executive Capacity Qualifying Organization
dismissed L-1A

Architecture And Interior Design

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Managerial Or Executive Capacity Sufficient Physical Premises Doing Business Staffing Financial Status
dismissed L-1A

General Merchandise Wholesale

· Company
The motion to reopen and reconsider was dismissed. The petitioner failed to provide new facts to support a motion to reopen, and did not est...
Managerial Or Executive Capacity New Office Extension Motion To Reopen Motion To Reconsider Effect Of Prior Approval
dismissed L-1B

Animation And Film Production

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required 'specialized knowledge'. The...
Specialized Knowledge
dismissed L-1A

Unknown

· Company
The appeal was dismissed because the petitioner requested to withdraw it on November 2, 2009. The decision is purely procedural and does not...
dismissed L-1A

Retail And Wholesale

· Company
The appeal was dismissed because the petitioner failed to establish that the intended new U.S. operation would support a primarily manageria...
New Office Requirements Managerial Capacity Support For Managerial Position Within One Year Size Of U.S. Investment Financial Ability Of Foreign Entity
dismissed L-1A

Apparel Retail

· Company
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support an executive or managerial positi...
New Office Requirements Managerial Or Executive Capacity Ability To Support A Manager/Executive Within One Year Organizational Structure Financial Investment

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