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 52 of 258
dismissed
L-1A
Dental Services
The petition, an extension for a new office, was denied because the petitioner did not establish that the beneficiary would be employed in a...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1B
Restaurant
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Specialized Knowledge Failure To Identify Error On Appeal
dismissed
L-1B
Computer Systems
The appeal was dismissed as moot, not on its merits. The AAO noted that the beneficiary had already been approved for an L-1A visa in a sepa...
Specialized Knowledge Specialized Knowledge Capacity
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 Qualifying Organization
dismissed
L-1A
Restaurant Administration
The appeal was dismissed because the petitioner failed to establish two key points. First, it did not demonstrate that the beneficiary would...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements Doing Business For The Previous Year Staffing Of The New Operation
dismissed
L-1B
Culinary Arts
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Specialized Knowledge Failure To Identify Error On Appeal
dismissed
L-1A
Fast Food Restaurants
The appeal was dismissed, and the director's revocation was affirmed. The AAO found that the initial approval of the petition was a "gross e...
Qualifying Relationship Doing Business Managerial Or Executive Capacity Gross Error
dismissed
L-1A
Automobile Parts
The director denied the petition for this new office L-1A visa, concluding that the petitioner did not establish the beneficiary was employe...
Managerial Capacity Executive Capacity One Year Of Prior Employment Abroad New Office Requirements
dismissed
L-1A
Retail Merchandise
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Packing Supplies Distribution
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 Qualifying Managerial Or Executive Capacity Qualifying Relationship Between Foreign And U.S. Entities New Office Requirements
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The petitioner submitted the appeal 42 days after the decision was issued, which is b...
Timely Filing Of Appeal
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision is purely procedural and does...
dismissed
L-1A
Trading
The motion to reconsider was dismissed because it failed to state the reasons for reconsideration supported by pertinent precedent decisions...
Managerial Or Executive Capacity
dismissed
L-1A
Unknown
The AAO rejected the petitioner's motion. The underlying appeal had been rejected by the Service Center Director as untimely, and the AAO de...
Timely Filing Of An Appeal Jurisdiction Over A Motion
dismissed
L-1B
Restaurant Business
The appeal was dismissed because the petitioner failed to establish that the position required the services of an individual with specialize...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The decision was not made on the merits...
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner, through their counsel, requested that the appeal be withdrawn. The decision was not based o...
dismissed
L-1A
Dental 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 New Office Extension Requirements
dismissed
L-1A
Management Consulting
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 Doing Business Staffing
dismissed
L-1B
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to provide sufficient documentary evidence to establish a qualifying corporate relati...
Qualifying Relationship Specialized Knowledge Ownership And Control Subsidiary/Affiliate Relationship
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad in a position requiring sp...
Specialized Knowledge Qualifying Relationship Employment Abroad
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
dismissed
L-1A
Chemical Trading
The motion to reconsider was dismissed because the petitioner failed to meet the procedural requirements. Counsel did not state sufficient r...
Managerial Or Executive Capacity
dismissed
L-1A
Software Development
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
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was not based on the merits o...
dismissed
L-1A
Retail Merchandise
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Unknown
The appeal was dismissed because counsel for the petitioner requested to withdraw the appeal. The Administrative Appeals Office dismissed th...
Withdrawal Of Appeal
dismissed
L-1B
Restaurant Business
The director denied the petition because the petitioner failed to establish that the offered position required an individual with specialize...
Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The appeal was received 42 days after the director's decision was issued, which is be...
Timely Filing Of Appeal 8 C.F.R. § 103.3(A)(2)(I) 8 C.F.R. § 103.5A(B) Treating Untimely Appeal As A Motion
dismissed
L-1A
Distribution
The appeal was dismissed primarily because the petitioner failed to prove it had secured sufficient physical premises for a new office, inst...
New Office Requirements Sufficient Physical Premises Managerial/Executive Capacity Qualifying Relationship
dismissed
L-1A
Sewing Contractor
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 Beneficiary'S Duties
dismissed
L-1A
Jewelry Wholesale
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
Agriculture
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 Primarily Managerial Or Executive Duties
dismissed
L-1A
Elder Care
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
Restaurants
The appeal was dismissed because the petitioner failed to prove that the beneficiary's position as a Head Chef involved specialized knowledg...
Specialized Knowledge Qualifying Organization One Year Of Prior Employment Abroad
dismissed
L-1A
Convenience Store
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Staffing Levels New Office Requirements Doing Business
dismissed
L-1A
Unknown
The appeal was dismissed due to its withdrawal by the petitioner's counsel. The decision was not based on the merits of the case, but rather...
dismissed
L-1A
Unknown
The appeal was dismissed because the applicant sought to appeal the denial of a Form I-539 application to extend nonimmigrant status. Accord...
Right To Appeal I-539 Denial
dismissed
L-1A
Unspecified
The AAO rejected the motion to reconsider because it lacked jurisdiction. The underlying appeal was rejected by the Service Center Director ...
Timely Filing Of Appeal Jurisdiction Over Motions Motion To Reopen Or Reconsider
dismissed
L-1A
Fast Food Franchise
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the foreign entity and the U.S. franch...
Qualifying Relationship Ownership And Control Affiliate Subsidiary
dismissed
L-1A
Marble Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be employed in a primarily execut...
Executive Capacity Managerial Capacity Staffing New Office Extension Requirements
dismissed
L-1A
Wire Transfer
The appeal was dismissed because the petitioner, a new office, failed to demonstrate it had been "doing business" for the previous year as r...
Doing Business For Previous Year New Office Requirements Sufficient Revenue Managerial Or Executive Capacity
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was primarily in a managerial o...
Employment Abroad In A Managerial Capacity Employment Abroad In An Executive Capacity
dismissed
L-1A
Unknown
The director rejected the petitioner's appeal of the initial denial as untimely. The petitioner then filed a motion to reconsider with the A...
Timeliness Of Appeal Jurisdiction Over Motions
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
dismissed
L-1A
Freight Forwarding
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 Qualifying Relationship
dismissed
L-1A
Automobile Parts
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Capacity Executive Capacity One Year Of Prior Employment Abroad New Office Requirements
dismissed
L-1A
Agriculture
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
dismissed
L-1A
Sewing Contractor
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
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Capacity Executive Capacity One Year Of Qualifying Employment Abroad
dismissed
L-1B
Restaurant
The director denied the petition because the petitioner did not establish that the beneficiary's position as a Head Chef required specialize...
Specialized Knowledge
dismissed
L-1A
Elderly Care
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 Job Duties
dismissed
L-1A
Unknown
The appeal was rejected because the AAO lacks jurisdiction. Per regulation 8 C.F.R. § 214.1(c)(5), there is no appeal from the denial of a F...
Right Of Appeal For I-539 Extension
dismissed
L-1A
Fast Food Restaurant
The director denied the petition because the evidence did not establish a qualifying relationship between the foreign entity and the specifi...
Qualifying Relationship Affiliate Ownership And Control Qualifying Organization
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Staffing New Office Extension Doing Business
dismissed
L-1A
Marble Import/Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role as president would be primarily managerial o...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Telecommunications
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. petitioner and the foreign en...
Qualifying Relationship Qualifying Organization Subsidiary Affiliate New Office
dismissed
L-1A
Dental Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary will be employed in a primarily executive or manage...
Managerial Capacity Executive Capacity New Office Extension Requirements Qualifying Organization Staffing Levels
dismissed
L-1A
Rug Import
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements for either motion. The p...
Qualifying Employment Abroad (Managerial/Executive) New Office Viability Sufficient Physical Premises Financial Ability Of Foreign Entity Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1A
Wire Transfer
The appeal was dismissed because the petitioner failed to demonstrate it had been 'doing business' for the previous year, a requirement for ...
Doing Business Managerial Or Executive Capacity New Office Extension Requirements Staffing Financial Status
dismissed
L-1A
Real Estate 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 New Office Extension Staffing Sufficient Physical Premises
dismissed
L-1A
Dry Cleaning
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director concluded that the petiti...
Managerial Or Executive Capacity Qualifying Relationship Doing Business For One Year
dismissed
L-1A
Product 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 Requirements Staffing
dismissed
L-1A
Jewelry
The appeal was summarily dismissed primarily because the petitioner failed to identify any specific erroneous conclusion of law or statement...
Managerial Capacity Executive Capacity Failure To Respond To Rfe Failure To Identify Error On Appeal
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 Or Executive Capacity Doing Business For One Year Staffing Levels
dismissed
L-1A
Fast Food Restaurants
The appeal was dismissed because the AAO affirmed the director's decision to revoke the petition's prior approval. The AAO found that the in...
Qualifying Relationship Doing Business Managerial Or Executive Capacity Gross Error In Prior Approval
dismissed
L-1A
Telecommunications
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 Subsidiary Control New Office Requirements
dismissed
L-1A
Real Estate 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 New Office Extension Requirements Staffing Sufficient Office Space
dismissed
L-1A
Oriental Rug Import
The motion to reopen and reconsider was dismissed. The petitioner failed to provide new facts that were previously unavailable for the motio...
Beneficiary'S Prior Employment In Managerial/Executive Capacity New Office Viability To Support Manager Sufficient Physical Premises Financial Ability Of Foreign Entity Qualifying Relationship Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, as it was improperly filed. The decision notes that regulation 8 C.F.R. § 214.1(c)(5) explic...
Right To Appeal Denial Of Form I-539
remanded
L-1A
Restaurant
The director denied the petition for failing to establish a qualifying relationship between the U.S. petitioner and the foreign entity. The ...
Qualifying Organization Affiliate Relationship Subsidiary Relationship Control And Ownership Managerial Or Executive Capacity
dismissed
L-1A
Jewelry
The appeal was dismissed because the petitioner failed to provide sufficient evidence to the director to establish that the beneficiary woul...
Managerial Or Executive Capacity Failure To Submit Requested Evidence Submission Of New Evidence On Appeal
dismissed
L-1A
Unknown
The appeal was rejected because regulations, specifically 8 C.F.R. § 214.1(c)(5), state there is no appeal from the denial of an application...
Appealability Of Form I-539 Denial
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity
dismissed
L-1A
Automotive Sales
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 Staffing Levels
dismissed
L-1A
Business Management
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence as promised, and did not...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Unknown
The appeal was rejected because the applicants sought to appeal the denial of a Form I-539, an application for extension of stay. Federal re...
Jurisdiction To Appeal 8 C.F.R. § 214.1(C)(5)
dismissed
L-1A
Consulting
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusions of law or statements of ...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Abroad
dismissed
L-1A
Unknown
The appeal was rejected because regulations, specifically 8 C.F.R. § 214.1(c)(5), state that there is no appeal from the denial of an applic...
Extension Of Stay Right To Appeal
dismissed
L-1A
Dental 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 New Office Extension Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity Qualifying Organization
remanded
L-1A
Restaurant
The director initially denied the petition for failing to establish a qualifying affiliate relationship between the U.S. petitioner and the ...
Qualifying Relationship Affiliate Status Qualifying Organization Managerial Or Executive Capacity
dismissed
L-1A
Unknown
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific error of law or fact in the director's d...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels Summary Dismissal Grounds
dismissed
L-1A
Unknown
The director rejected the petitioner's initial appeal because it was filed after the deadline. The petitioner then filed a motion to the AAO...
Timely Filing Of Appeal Jurisdiction Over Motions
dismissed
L-1A
Unknown
The petitioner's counsel requested that the appeal be withdrawn. The AAO dismissed the appeal based on this withdrawal request.
dismissed
L-1A
Unknown
The petitioner's counsel requested that the appeal be withdrawn on January 6, 2005. The appeal was subsequently dismissed by the Administrat...
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
dismissed
L-1A
Automobile Sales
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
dismissed
L-1A
Consulting
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence within the specified timeframe aft...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Abroad
dismissed
L-1A
Software Development
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-1B
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to provide sufficient corroborating evidence to establish a qualifying corporate rela...
Qualifying Relationship Specialized Knowledge
dismissed
L-1B
Information Technology
The director denied the petition for failing to establish three key points: that the beneficiary was employed abroad in a specialized knowle...
Specialized Knowledge Qualifying Relationship Employment Abroad
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
Wholesale And 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
dismissed
L-1A
Management Consulting
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Or Executive Capacity Doing Business Staffing Of New Operation
dismissed
L-1A
Nursing Services
The appeal was dismissed because the petitioner failed to establish that the U.S. operation would support a primarily managerial or executiv...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish two key requirements for an L-1A extension for a new office. The directo...
Managerial Or Executive Capacity Doing Business For One Year
dismissed
L-1A
Clothing Sales
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
Product 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 Qualifying Relationship
dismissed
L-1A
Retail
The motion to reopen was dismissed for failing to state new facts. The motion to reconsider was granted, but the AAO's previous decision was...
Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen Motion To Reconsider Organizational Complexity
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