EB-2 NIW (5038)H-1B (4985)EB-1A (4549)L-1A (4206)EB-1C (2797)EB-3 (1963)L-1B (723)EB-2 (615)EB-1B (301)O-1A (286)O-1B (256)E-2 (26)O-2 (13)EB-2/3 (7)P-1 (4)unclear (4)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
25777 total decisions
Page 43 of 258
dismissed
L-1A
Musical Instruments
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
remanded
L-1A
Sporting Goods
The appeal was remanded because the director incorrectly adjudicated the petition by failing to apply the specific, more lenient regulations...
Managerial Or Executive Capacity New Office Requirements Staffing Levels Sufficient Physical Premises Ability To Support A Manager Within One Year Financial Ability Of The Foreign Entity
dismissed
L-1A
Beauty And Surgical Instruments
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 Qualifying Organization Sufficient Staffing To Relieve Beneficiary Of Non-Qualifying Duties
dismissed
L-1A
Restaurant Business
The Motion to Reopen was dismissed because it was filed untimely, 166 days after the AAO's previous decision, far exceeding the 30-day deadl...
Timeliness Of Motion To Reopen Procedural Requirements For Motion To Reopen Managerial Or Executive Capacity
dismissed
L-1A
Food Processing 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 Qualifying Organization Primarily Managerial Or Executive Duties
dismissed
L-1A
Industrial Cleaning
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
dismissed
L-1A
Garment Business
The appeal was dismissed because the petitioner failed to establish the financial viability of the new U.S. office. Specifically, the petiti...
New Office Requirements Ability To Support A Managerial/Executive Position Within One Year Sufficient Physical Premises Financial Ability Of Foreign Entity To Support The U.S. Operation
dismissed
L-1A
Textiles
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 Levels Job Duties
dismissed
L-1A
Real Estate / Vacation Rentals
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 New Office Extension
dismissed
L-1A
Spice Import And Distribution
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
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 New Office Requirements Staffing Levels
dismissed
L-1A
Gasoline Station
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Import/Export
The appeal was rejected on procedural grounds. The AAO found that the appeal was improperly filed by the beneficiary, who is not a recognize...
Managerial Or Executive Capacity Standing To Appeal Timely Filing Of Appeal
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Qualifying Relationship
dismissed
L-1A
Mobile Telephone
The appeal was dismissed, upholding the director's initial denial. The director concluded that the petitioner failed to establish that the b...
Managerial Capacity Executive Capacity Supervision Of Subordinate Employees Organizational Structure
dismissed
L-1B
Pharmaceuticals
The appeal was rejected because it was untimely filed. The appeal was received 34 days after the decision was issued, exceeding the 33-day d...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
dismissed
L-1B
Insurance Claims
The director denied the petition, concluding that the petitioner failed to establish that the position offered requires an employee with spe...
Specialized Knowledge Qualifying Organization One Year Of Prior Employment Abroad Position Requires Specialized Knowledge
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities, present...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Business
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
L-1A
Import/Export
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
Residential Construction
The appeal was dismissed because the petitioner failed to establish that the new U.S. operation would support an executive or managerial pos...
New Office Requirements Managerial Capacity Executive Capacity Support For Managerial/Executive Position Within One Year
dismissed
L-1A
Wood Flooring
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a managerial or executive positio...
New Office Requirements Support For Managerial/Executive Position Within One Year Managerial Capacity Executive Capacity Sufficient Physical Premises Organizational Structure
dismissed
L-1B
Heavy Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a capacity involving specializ...
Specialized Knowledge Duties Of The Proposed Position
dismissed
L-1A
Audiovisual Production
The appeal was dismissed because the petitioner failed to establish that the new U.S. operation would support a managerial or executive posi...
New Office Requirements Ability To Support An Executive Or Managerial Position Within One Year Managerial Capacity Executive Capacity Qualifying Organization
dismissed
L-1A
Automotive Parts
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
Cruise Ship Services
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 Ownership Control
dismissed
L-1A
Truck Stop
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
Building Materials
The director initially denied the petition for failure to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Executive Capacity
dismissed
L-1A
Furniture Manufacturing
The appeal was rejected as untimely because it was filed 35 days after the director's decision was mailed, exceeding the 33-day regulatory d...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a capacity involving specializ...
Specialized Knowledge
dismissed
L-1A
Restaurant
The director denied the petition, concluding that the petitioner did not establish that the beneficiary was employed abroad in a primarily m...
Employment Abroad In A Managerial Or Executive Capacity Managerial Capacity Executive Capacity
dismissed
L-1A
Manufacturing
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
Wholesale Watches
The appeal was dismissed because the petitioner failed to establish that the U.S. entity was 'doing business.' The evidence showed the compa...
Doing Business Managerial Or Executive Capacity New Office Extension
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a primari...
Employment In A Primarily Managerial Or Executive Capacity (U.S.) Employment In A Primarily Managerial Or Executive Capacity (Abroad)
sustained
L-1A
Agricultural Products
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary would be employed in a primarily managerial o...
Managerial Capacity Executive Capacity
dismissed
L-1A
Retail
The appeal was rejected because it was improperly filed by an unauthorized representative. The counsel who filed the appeal provided an inco...
Managerial Or Executive Capacity Qualifying Relationship Authorized Representative For Appeal
dismissed
L-1A
Construction Materials
The appeal was dismissed because the petitioner failed to establish that the new U.S. operation would be able to support an executive or man...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support A Manager/Executive Within One Year
dismissed
L-1A
Wholesale Distribution
The motion to reopen/reconsider was dismissed on procedural grounds. The petitioner failed to include a required statement about judicial pr...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1B
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a capacity involving special...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity
dismissed
L-1B
Software Development
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary possesses specialized knowledge or...
Specialized Knowledge Position Requiring Specialized Knowledge Proprietary Knowledge
dismissed
L-1B
Software Solutions
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses or would be employed in a capacity requir...
Specialized Knowledge
dismissed
L-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or would be employe...
Specialized Knowledge Qualifying Organization One Year Of Prior Employment Abroad Employment In A Specialized Knowledge Capacity
dismissed
L-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role as a chef involved specialized knowledge. Th...
Specialized Knowledge Capacity Definition Of Specialized Knowledge
dismissed
L-1A
Investment And 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 New Office Requirements Failure To Identify Error On Appeal
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to overcome the director's finding under the L-1 Visa Reform Act. The director determ...
Specialized Knowledge L-1 Visa Reform Act Control And Supervision Labor For Hire
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 Levels Beneficiary'S Job Duties
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
dismissed
L-1B
Information Technology
The AAO affirmed the director's denial, concluding that the beneficiary's placement at an unaffiliated third-party worksite constituted an i...
Specialized Knowledge L-1 Visa Reform Act Control And Supervision Labor For Hire Arrangement
dismissed
L-1B
Information Technology
The AAO affirmed the director's denial because the arrangement was deemed an impermissible 'labor for hire' or 'job shop' scenario under the...
Specialized Knowledge L-1 Visa Reform Act Third-Party Worksite Placement Control And Supervision Labor For Hire
dismissed
L-1A
Public Relations 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
dismissed
L-1B
Information Technology Consulting
The director's denial was affirmed, and the appeal was effectively dismissed. The AAO found that the petitioner failed to overcome the provi...
Specialized Knowledge L-1 Visa Reform Act Labor For Hire Prohibition Control And Supervision At Third-Party Worksite
dismissed
L-1B
Information Technology
The director's denial was affirmed because the arrangement was deemed an impermissible 'job shop' placement under the L-1 Visa Reform Act of...
Specialized Knowledge L-1 Visa Reform Act Control And Supervision Labor For Hire
dismissed
L-1B
Information Technology Consulting
The appeal was dismissed because the AAO affirmed the director's denial. The director found the petition to be an impermissible 'labor for h...
Specialized Knowledge L-1 Visa Reform Act Control And Supervision At Third-Party Worksite Labor For Hire Arrangement
dismissed
L-1B
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role as a meat cutter ('churrasqueiro') involved ...
Specialized Knowledge
dismissed
L-1A
Drainage And Plumbing
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
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a position involving specializ...
Specialized Knowledge
dismissed
L-1A
Mobile Telephone
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role would be primarily managerial or ex...
Managerial Capacity Executive Capacity
dismissed
L-1B
Information Technology Consulting
The appeal was dismissed because the director's denial was affirmed. The director found that the beneficiary, who would be stationed primari...
Specialized Knowledge L-1 Visa Reform Act (Job Shop) Principal Control And Supervision Labor For Hire Arrangement
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses or would be employed in a capacity involv...
Specialized Knowledge Beneficiary'S Duties Employment Abroad For One Year
dismissed
L-1A
Earth 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 Qualifying Relationship New Office Extension
dismissed
L-1A
Film Production
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
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by a qualifying foreign organization. ...
Qualifying Relationship Employment Abroad Affiliate/Subsidiary Definition Blanket L Petition
dismissed
L-1A
Cell Phone Sales
The appeal was dismissed because the AAO determined the petitioner did not qualify as a "new office," having been in operation for over a ye...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support Position Within One Year Doing Business Definition
dismissed
L-1B
Furniture Business
The appeal was dismissed as moot because the beneficiary had already adjusted their status to that of a permanent resident, rendering the no...
Specialized Knowledge
dismissed
L-1A
Apparel
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would be able to support a managerial or execut...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Managerial/Executive Position Within One Year
dismissed
L-1B
Horse Training
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment, both abroad and in the proposed U.S. ...
Specialized Knowledge Capacity (U.S. Position) Specialized Knowledge Capacity (Foreign Position)
dismissed
L-1A
Candy Manufacturing
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner did ...
Qualifying Relationship Managerial Or Executive Capacity (Foreign Employment) New Office Requirements Managerial Or Executive Capacity (U.S. Employment)
dismissed
L-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been or will be employed in a capacity involvin...
Specialized Knowledge New Office Requirements Qualifying Organization One Year Prior Employment Abroad
remanded
L-1A
Real Estate Development
The director denied the L-1A extension petition, concluding the petitioner did not establish that the beneficiary would be employed in a pri...
Managerial Capacity Executive Capacity New Office Extension Staffing
dismissed
L-1B
Software Development
The director denied the petition for failure to establish that the beneficiary was employed abroad or would be employed in the U.S. in a spe...
Specialized Knowledge Capacity (Abroad) Specialized Knowledge Capacity (U.S.)
dismissed
L-1A
Motorcycle Sales
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 Organization Doing Business Staffing
remanded
L-1A
Leather Goods Import/Export
The director denied the petition, finding the petitioner failed to establish that the new U.S. office would support a managerial or executiv...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support A Manager/Executive Within One Year
dismissed
L-1A
Cosmetics
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
remanded
L-1A
Retail Investment
The appeal was remanded because the director's denial was based on derogatory information of which the petitioner was not made aware. The di...
Managerial Or Executive Capacity Doing Business Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Investment 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 Qualifying Organization
dismissed
L-1A
Business Consulting
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
remanded
L-1A
Grocery
The director initially denied the petition, concluding the petitioner had failed to establish that the beneficiary would be employed in a pr...
Managerial Capacity Executive Capacity
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
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 Relationship Foreign Entity Continues To Do Business
dismissed
L-1A
Import And Export
The appeal was rejected on procedural grounds because it was improperly filed. The individual who submitted the appeal on behalf of the peti...
Improperly Filed Appeal Unauthorized Representation
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner, a new U.S. office, failed to establish that the proposed operations would support the benef...
Managerial Capacity Executive Capacity New Office Requirements
remanded
L-1A
Retail
The director's decision to revoke the petition was withdrawn because it was made without considering the petitioner's timely response to the...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1B
Information Technology
The appeal was dismissed because the director's denial was affirmed. The director found that the beneficiary would be stationed primarily at...
Specialized Knowledge L-1 Visa Reform Act Of 2004 Control And Supervision By Petitioner Labor For Hire Arrangement
dismissed
L-1B
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required specialized knowledge. The d...
Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1B
Aviation
The appeal was dismissed because the petitioner failed to establish a qualifying parent-subsidiary relationship between the U.S. petitioner ...
Qualifying Relationship Ownership And Control Specialized Knowledge Employment Requiring Specialized Knowledge
dismissed
L-1B
Diamond Industry
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role as a 'purchaser/evaluator buyer' involved sp...
Specialized Knowledge Managerial Or Executive Capacity
dismissed
L-1B
Travel
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a capacity involving specializ...
Specialized Knowledge Company Product Advanced Level Of Knowledge Of Processes And Procedures
dismissed
L-1A
Architectural And Engineering Drafting
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Or Executive Capacity New Office Extension Requirements Doing Business Qualifying Relationship Staffing Levels
dismissed
L-1A
Import/Distribution
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
Computer Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required specialized knowledge. The p...
Specialized Knowledge New Office Requirements Qualifying Prior Employment
dismissed
L-1A
Software Services
The appeal was dismissed as moot. While the appeal was pending, records showed the beneficiary had already adjusted status to a U.S. permane...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1B
Software Engineering
The director denied the petition for failing to establish that the offered position of senior software engineer required an employee with sp...
Specialized Knowledge
dismissed
L-1B
Software Development
The director denied the petition for failure to establish two key points: that the beneficiary possesses specialized knowledge and that a qu...
Specialized Knowledge Qualifying Relationship
dismissed
L-1A
General Merchandise
The director initially denied the petition for failing to establish that the beneficiary would be employed in a managerial or executive capa...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Grocery And Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity New Office Requirements
dismissed
L-1A
Food Processing
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Managerial Capacity Executive Capacity
dismissed
L-1A
Textiles And Electronics
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed in a primarily ...
Managerial Or Executive Capacity Temporary Nature Of Employment
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily executive or man...
Managerial Capacity Executive Capacity
dismissed
L-1A
Manufacturing
The appeal was dismissed as moot because the AAO found that the U.S. petitioning corporation had been dissolved. Since a qualifying U.S. emp...
Existence Of U.S. Entity Qualifying Organization Iranian Economic Sanctions
dismissed
L-1A
Furniture
The Motion to Reconsider was dismissed primarily on procedural grounds. The AAO found the motion was untimely, as it was filed 36 days after...
Managerial Or Executive Capacity Doing Business Timely Filing Of Motion To Reconsider Motion Requirements (8 C.F.R. § 103.5)
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