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 46 of 258
dismissed
L-1B
It Services
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or evidence supporting the appeal. Counsel did ...
Specialized Knowledge Failure To Identify Error On Appeal
dismissed
L-1A
Cargo And Storage
The appeal was summarily dismissed because the petitioner and their counsel failed to submit a brief or additional evidence to challenge the...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Staffing Levels
dismissed
L-1A
Materials Import/Export
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 Organizational Hierarchy Staffing Levels
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal on August 13, 2008. The AAO processed th...
dismissed
L-1A
Real Estate
The appeal was rejected because it was filed after the 33-day deadline. The AAO also found that the untimely appeal did not meet the require...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Sufficient Physical Premises For A New Office
dismissed
L-1A
Unknown
The appeal was rejected because it was filed after the deadline. The underlying decision was issued on January 9, 2008, but the appeal was n...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
remanded
L-1A
Financial Technology
The appeal was rejected as it was not timely filed, having been submitted 34 days after the decision was served. However, the AAO determined...
Qualifying Organization Managerial Or Executive Capacity
dismissed
L-1A
Construction Consulting
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Unknown
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to provide new facts for the motion to reopen...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Ineffective Assistance Of Counsel
dismissed
L-1A
Confectionery
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The evidence submit...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Food Processing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in a managerial capac...
Managerial Capacity Executive Capacity Supervision Of Professional/Supervisory Employees Management Of An Essential Function
dismissed
L-1A
Securities Trading
The appeal was dismissed as moot. The AAO noted that the beneficiary was also the subject of a different, subsequently approved L-1A petitio...
Managerial Or Executive Capacity
dismissed
L-1A
Laser Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad, and would be employed in the U...
Employment Abroad In A Primarily Managerial Or Executive Capacity Employment In The U.S. In A Primarily Managerial Or 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 Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Software Consulting
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 Qualifying Organization One Year Of Prior Employment Abroad
dismissed
L-1A
Organic Farming
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 A Managerial/Executive Position Within One Year Beneficiary'S Prior Employment In A Managerial/Executive Capacity Managerial Capacity Executive Capacity
dismissed
L-1A
Electronics 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 New Office Extension Job Duties Staffing
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive cap...
Managerial Capacity Executive Capacity New Office Extension
remanded
L-1A
Packaging Materials
The director's decision was withdrawn because the AAO determined that the petitioner and the foreign entity were qualifying 'affiliates,' as...
Qualifying Relationship (Affiliate Status) Beneficiary'S Employment Status
dismissed
L-1A
Retail Grocery
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels Doing Business
dismissed
L-1A
Computer Software
The appeal was dismissed because the petitioner did not provide sufficient evidence to demonstrate that the new U.S. office would support an...
New Office Requirements Support Executive/Managerial Position Within One Year Sufficient Physical Premises
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested to withdraw the appeal. The AAO did not make a decision on the merits of...
Withdrawal Of Appeal
dismissed
L-1A
Hair Styling
The appeal was dismissed because the petitioner failed to establish three key requirements for the L-1A extension. The director determined, ...
Managerial Or Executive Capacity Qualifying Relationship Temporary Intent New Office Requirements
dismissed
L-1A
Operations And Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary had the requisite one continuous year of employment...
One Year Continuous Employment Abroad Employment Within Three Years Preceding Petition Filing Submission Of Credible Evidence New Office Requirements
dismissed
L-1A
Retail
The director initially denied the petition by incorrectly applying the lenient 'new office' criteria and finding the petitioner failed to sh...
Managerial Or Executive Capacity New Office Requirements Qualifying Organization Doing Business
dismissed
L-1A
Tourism
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 Capacity Executive Capacity Support For A Managerial Or Executive Position Within One Year
dismissed
L-1A
Ship Management
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 Financial Ability To Support A Managerial Position Managerial Capacity Executive Capacity
dismissed
L-1A
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
dismissed
L-1A
Business Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Industrial Wholesale
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 Support Of An Executive Or Managerial Position Within One Year Beneficiary'S Proposed Job Duties Proposed Organizational Structure And Staffing
dismissed
L-1A
Distribution And Training
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
dismissed
L-1B
Consulting
The appeal was dismissed as moot. The AAO found that the beneficiary was also the subject of a separate, approved L-1B petition filed by the...
Specialized Knowledge
dismissed
L-1A
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 Capacity Executive Capacity New Office Extension
dismissed
L-1A
Garment Business
The appeal was dismissed because the petitioner failed to prove that the new U.S. office would support a managerial or executive position wi...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Managerial/Executive Position Within One Year
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 Or Executive Capacity New Office Extension Requirements Doing Business For One Year Staffing Qualifying Organization One-Year Limit For New Office
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in the United States in a primarily...
Employment In A Primarily Managerial Capacity Employment In A Primarily Executive Capacity Organizational Structure Staffing Levels
dismissed
L-1A
Garment Industry
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 Capacity Executive Capacity Support For Managerial Position Within One Year
dismissed
L-1A
Apparel
The appeal was dismissed because the petitioner failed to establish that it was a 'new office' as defined by regulations. The AAO concluded ...
Managerial Or Executive Capacity New Office Doing Business
dismissed
L-1A
Retail
The appeal was dismissed primarily because the petitioner abandoned the petition by failing to respond to a Request for Evidence. Beyond the...
Qualifying Relationship (Ownership And Control) Managerial Or Executive Capacity Abandonment (Failure To Respond To Rfe)
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialized knowledge capaci...
Specialized Knowledge
dismissed
L-1A
Hurricane Shutter Manufacturing
The director denied the petition, concluding that the petitioner did not establish that the beneficiary would be employed by the new U.S. of...
Managerial Capacity Executive Capacity New Office Requirements Ability Of The U.S. Operation To Support A Manager/Executive
dismissed
L-1A
Unknown
The appeal was dismissed procedurally because the petitioner's counsel requested that the appeal be withdrawn. The decision was not based on...
dismissed
L-1A
Jewelry
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Qualifying Organization
dismissed
L-1A
Not Specified
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was not based on the merits o...
Withdrawal Of Appeal
dismissed
L-1A
Motion Picture
The director denied the petition, and the AAO dismissed the appeal, because the petitioner failed to establish that the beneficiary was empl...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Electronics Manufacturing
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 New Office Extension
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 Employment Abroad Qualifying Organization
dismissed
L-1A
Construction Equipment Leasing
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises for its new U.S. office, as requ...
New Office Requirements Sufficient Physical Premises Ability To Support A Managerial/Executive Position
dismissed
L-1A
Hotel Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Affiliate Subsidiary Parent Ownership And Control
dismissed
L-1A
Management And Consulting
The appeal was dismissed because the petitioner did not establish that the new U.S. entity would support a primarily managerial or executive...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support Manager/Executive Within One Year
dismissed
L-1A
Textiles
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 New Office Requirements Staffing
dismissed
L-1B
Information Technology
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 Business
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. The petitioner did not secure suffici...
Sufficient Physical Premises For A New Office Beneficiary'S Employment Abroad In A Primarily Executive Or Managerial Capacity Ability Of The New U.S. Office To Support An Executive Or Managerial Position Within One Year
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a capacity involving specializ...
Specialized Knowledge Special Knowledge Of Company Product/Service And Its Application In International Markets Advanced Level Of Knowledge Of Processes And Procedures
dismissed
L-1A
Metals
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
L-1A
Construction
The AAO affirmed its prior decision to dismiss the petitioner's motion to reconsider because the motion was untimely. The petitioner argued ...
Timeliness Of Motion To Reconsider Proper Filing Location For A Motion Notification Of Address Change Procedural Requirements For Motions
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a capacity involving specializ...
Specialized Knowledge Qualifying Organization One Year Of Prior Employment Abroad
dismissed
L-1B
Information Technology
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a capacity in...
Specialized Knowledge Special Knowledge Of Company Product/Service Advanced Level Of Knowledge Of Processes And Procedures
dismissed
L-1A
Film Marketing
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 Ability To Support Managerial/Executive Position Managerial Capacity Executive Capacity Organizational Structure
remanded
L-1A
Internet Marketing
The director's decision, which denied the petition for failure to establish a qualifying relationship, was withdrawn. The petitioner success...
Qualifying Organizations Common Ownership And Control New Office Requirements Affiliate Relationship Beneficiary'S Status As Employee
dismissed
L-1A
Food Service
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial...
Managerial Capacity Qualifying Organization New Office Extension
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw it. The decision was not based on the merits of the...
dismissed
L-1A
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 Capacity Executive Capacity New Office Doing Business Qualifying Organization
dismissed
L-1A
Retail
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 Managerial Capacity Executive Capacity Ability To Support A Manager/Executive Within One Year Bona Fide Enterprise
dismissed
L-1A
Garment Retail
The appeal was dismissed because the petitioner failed to establish that the new U.S. office operation would support an executive or manager...
New Office Requirements Managerial Capacity Executive Capacity Support For Managerial/Executive Position Within One Year
dismissed
L-1A
Furniture 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
sustained
L-1A
Wholesale Of Electrical Appliances
The director revoked a previously approved petition based on a U.S. Consulate's finding that the petitioner had not provided adequate proof ...
Qualifying Organization Doing Business Physical Premises Revocation Grounds
remanded
L-1B
Restaurant Equipment
The director's decision was withdrawn and the case was remanded because the director made a procedural error. The director adjudicated the p...
Managerial Capacity Executive Capacity Specialized Knowledge
dismissed
L-1A
Consulting
The appeal was dismissed because the petitioner failed to establish that the foreign entity was a 'qualifying organization.' Although the di...
New Office Managerial Or Executive Capacity Qualifying Organizations Doing Business
dismissed
L-1A
Photography
The appeal was dismissed because the petitioner failed to establish key requirements for an L-1A new office. The director initially denied t...
Sufficient Physical Premises For A New Office Qualifying Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Travel Agency
The director denied the petition because the petitioner failed to prove that sufficient physical premises had been secured for the new offic...
Sufficient Physical Premises For A New Office
sustained
L-1A
Industrial Lubricants
The director initially denied the petition, finding the petitioner failed to establish that the beneficiary was employed abroad in a manager...
Employment Abroad In A Managerial Capacity One Continuous Year Of Employment Abroad Definition Of Managerial Capacity Supervision Of Professional Or Supervisory Staff Specialized Knowledge
remanded
L-1A
Clothing Wholesale
The director denied the petition, finding the petitioner failed to establish the beneficiary would be employed in a primarily managerial or ...
Managerial Capacity Executive Capacity New Office Requirements
remanded
L-1A
Industrial Distribution
The director denied the petition, concluding that the petitioner failed to establish the beneficiary would be employed in a primarily manage...
Managerial Capacity Executive Capacity
dismissed
L-1A
Food 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 Qualifying Relationship One Year Of Prior Employment Abroad Beneficiary'S Qualifications
dismissed
L-1A
Textiles
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. The petitioner did not demonstrate th...
Sufficient Physical Premises New Office Requirements Managerial Or Executive Capacity
dismissed
L-1A
Design And Advertising
The motion to reconsider was dismissed on procedural grounds. The AAO found the motion was filed untimely, was not signed by the petitioner ...
Managerial Or Executive Capacity Timeliness Of Motion Requirements For Motion To Reconsider Proper Party To File Motion
dismissed
L-1A
Textiles
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship Affiliate Relationship Managerial Or Executive Capacity New Office Extension
dismissed
L-1A
Technology Solutions
The appeal was dismissed as moot. A review of USCIS records revealed that the beneficiary had already adjusted their status to a U.S. perman...
Managerial Or Executive Capacity
dismissed
L-1A
Industrial Manufacturing
The appeal was dismissed primarily on procedural grounds. The petitioner failed to file a timely rebuttal to the Notice of Intent to Revoke ...
Managerial Capacity Qualifying Relationship One Year Of Foreign Employment
dismissed
L-1A
Unknown
The appeal was dismissed because it was formally withdrawn by the petitioner's counsel. Counsel stated that the matter had been abandoned an...
dismissed
L-1A
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 Capacity Executive Capacity New Office Extension Staffing Levels
dismissed
L-1A
Manufacturing
The appeal was rejected because the underlying petition was deemed improperly filed and not properly signed by an authorized officer of the ...
Managerial Capacity New Office Requirements Improperly Filed Petition
dismissed
L-1A
Jewelry 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 Supervision Of Personnel Management Of An Essential Function
dismissed
L-1A
Import/Distribution
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
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 New Office Extension Requirements Sufficient Staffing
dismissed
L-1A
Manufacturing
The motion to reopen was dismissed because the petitioner did not submit any new facts that were previously unavailable. The motion to recon...
Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Doing Business Motion To Reopen Motion To Reconsider
dismissed
L-1A
Not Specified
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw the appeal. The AAO dismissed the case based on th...
dismissed
L-1A
Jewelry
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Interior Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Requirements Staffing Levels
dismissed
L-1A
Fashion Accessories
The appeal was summarily dismissed for procedural reasons. The petitioner failed to identify any specific erroneous conclusion of law or sta...
Managerial Or Executive Capacity Qualifying Relationship (Subsidiary) Response To Request For Evidence (Rfe) New Office Extension Requirements
dismissed
L-1A
International Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the beneficiary will be employed in a primarily managerial or execu...
Managerial Capacity Executive Capacity
dismissed
L-1A
Restaurants And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily executive or managerial...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Financial Services
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house the U.S. offic...
Sufficient Physical Premises Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Convenience Store Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be employed in a primarily execut...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel filed a motion to withdraw the appeal on July 30, 2003. The Administrative Appeals...
dismissed
L-1A
Hotel Business
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 Doing Business Qualifying Organization
dismissed
L-1A
Video 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
Unknown
The appeal was dismissed because the petitioner's counsel requested to withdraw the appeal. The decision was not based on the merits of the ...
dismissed
L-1A
Not Specified
The appeal was dismissed based on the petitioner's motion to withdraw. The decision was not made on the merits of the case but was a procedu...
Turn fresh precedent into a stronger draft
MeritDraft uses recent AAO decisions to help attorneys and self-petitioners draft better O-1 and NIW arguments faster.
Start Free Trial →