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 47 of 258
dismissed
L-1B
Automotive Engineering
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises for its new office, as the 2...
Sufficient Physical Premises For New Office Financial Ability To Remunerate The Beneficiary Financial Ability To Commence Doing Business
dismissed
L-1A
Garment Wholesale
The director denied the petition because the beneficiary's proposed duties appeared to be those of a "supplemental sales representative" per...
Managerial Capacity Executive Capacity
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Qualifying Employment Abroad New Office Requirements
dismissed
L-1A
Garment/Apparel
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 Staffing Duties Of The Beneficiary
dismissed
L-1A
International Trade And 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
dismissed
L-1A
Business
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house its new office...
Sufficient Physical Premises Doing Business Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Investment
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 Staffing Levels
dismissed
L-1A
Restaurants And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role was primarily managerial or executive. The d...
Managerial Capacity Executive Capacity New Office Extension
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
dismissed
L-1A
Hotel Business
The appeal was dismissed because the AAO affirmed the director's finding that the U.S. company did not qualify as a 'new office' since it ha...
Managerial Capacity Executive Capacity New Office Doing Business
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw the appeal. The AAO's decision was based solely on...
Withdrawal Of Appeal
dismissed
L-1A
Video Production
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
Not Specified
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw it. The AAO's decision was based solely on this mo...
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was in a qualifying managerial ...
Managerial Capacity Executive Capacity New Office Requirements Qualifying Employment Abroad
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn.
dismissed
L-1A
Freight Forwarding
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 Failure To Identify Error Of Law Or Fact
dismissed
L-1A
International Trade And Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been or will be employed in a primarily manager...
Managerial Capacity Executive Capacity
dismissed
L-1A
Paper Exporting
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
Import/Sales
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/Executive Capacity New Office Extension
dismissed
L-1A
Furniture 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
Jewelry 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
dismissed
L-1A
Glass Retail And Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role was primarily managerial or executive. The d...
Managerial Capacity Executive Capacity Staffing Levels Supervision Of Employees
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner filed a second extension petition after the initial one was denied and the beneficiary's law...
Failure To Maintain Status Improper Filing Of A New Petition Instead Of An Appeal Qualifying Relationship Between Entities Managerial Capacity
dismissed
L-1A
Medical Supply
The director denied the petition because the petitioner did not establish that the beneficiary would be employed in a primarily managerial o...
Managerial Capacity Executive Capacity Qualifying Organization
dismissed
L-1A
Computer Software Consulting
The director denied the petition, concluding the petitioner did not establish that the beneficiary would be employed in a primarily manageri...
Managerial Capacity Executive Capacity
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel filed a motion to withdraw the appeal. The decision was not based on the merits of...
dismissed
L-1A
Import/Export
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 Status Common Ownership New Office Requirements
dismissed
L-1A
Automobile Export
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the benefi...
Managerial Or Executive Capacity Qualifying Relationship Doing Business
dismissed
L-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the propose...
Specialized Knowledge
dismissed
L-1A
Import/Wholesale
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Capacity Executive Capacity
dismissed
L-1A
Chemical Business
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any evidence to support the appeal after bei...
Managerial Or Executive Capacity Sufficient Revenue To Support Position Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
L-1A
Jewelry Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements Staffing Levels
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner failed to substantiate that the beneficiary's current employment in the United States is in ...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Employment In The U.S. (Managerial/Executive) One Year Of Prior Employment Definition Of Managerial Capacity
dismissed
L-1A
Unknown
The motion to reopen was rejected because it was filed untimely. The petitioner submitted the motion on January 6, 2004, which was 50 days a...
Timeliness Of Motion
dismissed
L-1A
Trading
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 Staffing Levels Job Duties
dismissed
L-1A
Unknown
The petitioner's appeal of the initial denial was rejected because it was filed after the 33-day deadline. The petitioner then filed a motio...
Timeliness Of Appeal Jurisdiction Over Motion
dismissed
L-1A
Unknown
The motion to reopen was rejected because it was untimely filed. The petitioner submitted the motion 50 days after the previous decision was...
Timely Filing Of Motion To Reopen
dismissed
L-1A
Import And Sale Of Rugs
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 Requirements Staffing Levels
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the ownership structure of the U.S. ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Import/Export
The motion to reopen was dismissed because it failed to state new facts supported by affidavits or other documentary evidence, as required. ...
Managerial Or Executive Capacity Ability Of U.S. Entity To Support A Manager/Executive Foreign Entity Doing Business Motion To Reopen Requirements
dismissed
L-1A
Beverage Distribution
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 Requirements Qualifying Organization
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role in the United States was primarily manageria...
Qualifying Employment Abroad Managerial Capacity Executive Capacity Employment In The U.S.
dismissed
L-1A
Information Security Technology
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. petitioner and the ...
Qualifying Relationship Managerial Or Executive Capacity Doing Business
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to prove that the beneficiary's knowledge was specialized. The director concluded, an...
Specialized Knowledge Proprietary Knowledge Advanced Knowledge Of Company Processes
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Managerial Or Executive Capacity One Year Of Prior Employment Abroad
dismissed
L-1B
Software Consulting
The director denied the petition because the petitioner failed to prove the beneficiary possessed specialized knowledge that was distinct fr...
Specialized Knowledge
dismissed
L-1B
Restaurant Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge. The petitioner pro...
Specialized Knowledge
dismissed
L-1A
Beverage Distribution
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 Requirements
dismissed
L-1A
Import/Export
The motion to reopen was dismissed because it did not present new facts supported by affidavits or documentary evidence. The petitioner subm...
Managerial Or Executive Capacity U.S. Entity Growth To Support Manager/Executive Foreign Entity Doing Business
dismissed
L-1A
Trading
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 Staffing Levels New Office Extension Requirements
dismissed
L-1A
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 New Office Extension Requirements Staffing Levels
dismissed
L-1A
Information Security Technology
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/Executive Capacity Doing Business Parent-Subsidiary Relationship
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to sufficiently prove that the beneficiary possesses the required specialized knowled...
Specialized Knowledge Advanced Level Of Knowledge Of Processes And Procedures Special Knowledge Of The Company Product
dismissed
L-1A
Book Publishing And Consulting
The appeal was dismissed primarily because the petitioner failed to meet the 'new office' requirement of having secured sufficient physical ...
New Office Physical Premises Eligibility At Time Of Filing Qualifying Relationship
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required specialized knowledge. The d...
Specialized Knowledge Proprietary Knowledge Advanced Level Of Knowledge Of Processes And Procedures
dismissed
L-1A
Book Publishing And Consulting
The appeal was dismissed because the petitioner, a new office, failed to demonstrate it had secured sufficient physical premises at the time...
Sufficient Physical Premises For A New Office Qualifying Relationship (Branch, Subsidiary, Affiliate) Eligibility At The Time Of Filing
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested that the appeal be withdrawn. The AAO's decision was purely pro...
dismissed
L-1A
Health And Beauty Instruments
The appeal was dismissed because the petitioner failed to demonstrate a qualifying relationship between the U.S. and foreign entities. The d...
Qualifying Relationship Managerial Or Executive Capacity New Office Extension
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, not on the merits of the case. The dismissal was issued because the petitioner's counsel for...
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 Staffing Levels New Office Extension Requirements
dismissed
L-1A
Unknown
The appeal was rejected because federal regulations at 8 C.F.R. § 214.1(c)(5) explicitly state that there is no appeal from the denial of an...
Right To Appeal Denial Of Form I-539 8 C.F.R. § 214.1(C)(5)
dismissed
L-1A
Automotive Sales
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
dismissed
L-1A
Telecommunications
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 Levels Primarily Performing Qualifying Duties
dismissed
L-1B
Baking Equipment
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialized knowledge capaci...
Specialized Knowledge Qualifying Organization One Year Of Prior Employment Abroad
dismissed
L-1B
Food Service
The appeal and subsequent motion were dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required spe...
Specialized Knowledge Qualifying Relationship
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed primarily in a ...
Managerial Capacity Executive Capacity
dismissed
L-1A
Mail And Courier Services
The appeal was rejected because it was improperly filed by counsel on behalf of the beneficiary, not the petitioner. Under regulations, the ...
Qualifying Relationship Managerial Or Executive Capacity Standing To Appeal
dismissed
L-1A
Restaurant
The motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts that existed at the time of the origina...
Qualifying Relationship Joint Venture Motion To Reopen Motion To Reconsider New Facts
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds after the petitioner's counsel requested its withdrawal. The AAO did not make a decision on t...
Withdrawal Of Appeal
dismissed
L-1A
Restaurant
The motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts that existed at the time of filing or d...
Qualifying Relationship Motion To Reopen Motion To Reconsider
dismissed
L-1A
Chemical Business
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or evidence identifying any specific error in t...
Managerial Or Executive Capacity Sufficient Revenue To Support Position Failure To Identify Error On Appeal
dismissed
L-1A
Business
The initial appeal was rejected as untimely because it was filed 36 days after the director's decision, exceeding the 33-day limit for maile...
Timeliness Of Appeal Jurisdiction Over Motion
dismissed
L-1A
Automotive Sales
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary had been and would be employed in a primarily man...
Managerial Capacity Executive Capacity
dismissed
L-1A
Plastic Film Manufacturing And Sales
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 Staffing New Office Requirements
dismissed
L-1A
Telecommunications
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 Extension Requirements Supervision Of Subordinate Staff Doing Business For The Previous Year Failure To Identify Specific Errors On Appeal
dismissed
L-1B
Baking Equipment
The director denied the petition, concluding that the petitioner failed to establish the beneficiary would be employed in a specialized know...
Specialized Knowledge Capacity
dismissed
L-1A
Mail And Courier Services
The appeal was rejected on procedural grounds, which is a form of dismissal. The AAO determined that the appeal was improperly filed by the ...
Standing To Appeal Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was not made on the merits of...
dismissed
L-1B
Food Service
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to provide new facts or evidence for reopenin...
Specialized Knowledge Qualifying Corporate Relationship
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, not on the merits of the case. The petitioner submitted a request to withdraw the appeal, wh...
Withdrawal Of Appeal
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner filed a motion to withdraw it. The AAO dismissed the case based on this withdrawal request, ...
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that the beneficiary would be employed p...
Managerial Capacity Executive Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish two key requirements. First, the petitioner did not demonstrate that the...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements Staffing Levels
dismissed
L-1A
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner submitted a request to withdraw the appeal, and the AAO d...
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 Doing Business For One Year (New Office Extension)
dismissed
L-1A
Freight Forwarding
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
Import/Export
The appeal was summarily dismissed on procedural grounds because the petitioner failed to specifically identify any erroneous conclusion of ...
Managerial Capacity Executive Capacity Failure To Identify Error On Appeal Submission Of New Evidence On Appeal
dismissed
L-1A
Building Materials 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
dismissed
L-1A
Maintenance 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 New Office Requirements Managerial/Executive Capacity
dismissed
L-1A
Retail
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Software Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. Altho...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Equestrian Goods
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Affiliate Status Ownership And Control
dismissed
L-1A
Dry Cleaning Service
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 Staffing Levels
dismissed
L-1A
Business
The appeal was dismissed because the petitioner failed to overcome the director's initial findings. The petitioner did not establish that th...
Managerial Or Executive Capacity Qualifying Relationship Doing Business For One Year Staffing
dismissed
L-1A
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish two key requirements for the L-1A visa. First, it did not prove that the...
Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed
L-1B
Automotive Design
The appeal was dismissed because the petitioner, a new office, failed to prove it had met the regulatory requirements. The director found th...
Sufficient Physical Premises Financial Ability To Remunerate Beneficiary New Office Requirements
dismissed
L-1A
Furniture Import
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 Executive Order 13059 Qualifying Relationship
dismissed
L-1A
Car Rental
The appeal was dismissed because the petitioner failed to overcome the director's finding that it did not establish a qualifying relationshi...
Qualifying Relationship Subsidiary Parent Affiliate Doing Business New Office Extension Requirements
dismissed
L-1A
Rubber 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
Interactive Media
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily managerial or executiv...
Managerial Capacity Executive Capacity Qualifying Organization
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