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 56 of 258
dismissed
L-1A
Unknown
The appeal was dismissed because it was filed untimely. The decision was issued on July 14, 2004, and the appeal was received on August 17, ...
Timely Filing Of Appeal
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested that the appeal be withdrawn.
dismissed
L-1A
Unknown
The appeal was rejected as untimely. The appeal was received by CIS 35 days after the director's decision was issued, exceeding the 33-day l...
Timely Filing Of Appeal Treating Untimely Appeal As A Motion
dismissed
L-1B
Aviation
The director revoked the initial approval, finding that it constituted a gross error because the beneficiary, an airline pilot, did not poss...
Specialized Knowledge Qualifying Organization One Year Continuous Employment Abroad
dismissed
L-1A
Retail And 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 Qualifying Organization Doing Business Staffing Levels
dismissed
L-1A
Unknown
The appeal was rejected because it was untimely filed. The director's decision was issued on July 13, 2004, and served via fax, making the a...
Timely Filing Of Appeal Treatment Of Late Appeal As Motion To Reopen Or Reconsider
dismissed
L-1A
Business Management
The appeal was dismissed because the petitioner failed to establish that the U.S. and Canadian entities were qualifying organizations. Speci...
Qualifying Organization Qualifying Relationship Affiliate Ownership And Control One Year Of Employment Abroad
dismissed
L-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a co-pilot, possessed the requisite specialized kn...
Specialized Knowledge Gross Error Alternative Visa Classification
dismissed
L-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary, an airline pilot, possessed the required 'speciali...
Specialized Knowledge Gross Error Alternative Visa Classification
dismissed
L-1B
Aviation
The appeal was dismissed because the initial approval was determined to be a gross error. The director found that the petitioner failed to e...
Specialized Knowledge Gross Error In Prior Approval Alternative Visa Classification (Crewmember)
dismissed
L-1B
Aviation
The initial approval was revoked due to gross error, and the AAO dismissed the appeal. The director determined that the beneficiary, an airl...
Specialized Knowledge
dismissed
L-1B
Aviation
The initial approval was revoked due to gross error, as the petitioner failed to establish that the beneficiary, an airline pilot, possessed...
Specialized Knowledge Qualifying Organization One Year Continuous Employment Abroad Gross Error In Prior Approval
dismissed
L-1A
Security Systems
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary's U.S. duties were primarily mana...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing
dismissed
L-1B
Aviation
The appeal was dismissed because the AAO upheld the director's decision to revoke the petition's approval. The director found that the initi...
Specialized Knowledge
dismissed
L-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary, an airline captain, possessed the requisite specia...
Specialized Knowledge Gross Error Alternative Visa Classification (D Visa)
dismissed
L-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary, an airline captain, possessed the required 'specia...
Specialized Knowledge Qualifying Organization One Year Of Prior Employment Gross Error
dismissed
L-1B
Business
The appeal was rejected primarily on procedural grounds, as regulations state there is no appeal from the denial of an application for an ex...
Maximum Period Of Stay Change In Capacity Of Employment (L-1B To L-1A) Timely Filing Of Extension Filing Of Amended Petition Right To Appeal A Denial Of Extension Of Stay
dismissed
L-1B
Aviation
The appeal was dismissed because the director correctly revoked the initial approval due to gross error. The director determined that the be...
Specialized Knowledge Gross Error
dismissed
L-1B
Aviation
The initial approval was revoked upon a finding of gross error, as the director determined the beneficiary, a co-pilot, did not possess spec...
Specialized Knowledge Gross Error
dismissed
L-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary, an airline captain, possessed the requisite 'speci...
Specialized Knowledge
dismissed
L-1A
Security Systems
The appeal was dismissed because the petitioner did not submit sufficient evidence to demonstrate that the beneficiary's duties are primaril...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary, an airline captain, possessed the requisite 'speci...
Specialized Knowledge Qualifying Organization One Year Employment Abroad Gross Error
dismissed
L-1A
Real Estate
The appeal was rejected because it was improperly filed by the beneficiary, not the petitioner. Under regulations, the beneficiary of a visa...
Managerial Or Executive Capacity Standing To File An Appeal
dismissed
L-1A
Dry 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
dismissed
L-1A
Computer And Automotive 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 New Office Extension
dismissed
L-1B
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary, an airline pilot, possessed the requisite speciali...
Specialized Knowledge Gross Error In Initial Approval Alternative Visa Classification
dismissed
L-1A
Travel Agency
The director denied the petition for a new office extension, concluding the petitioner failed to establish that the beneficiary would be emp...
Managerial Or Executive Capacity Doing Business For One Year New Office Extension Staffing
dismissed
L-1A
Entertainment Production
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises to house its new office at t...
Sufficient Physical Premises Qualifying Relationship New Office Requirements Executive/Managerial Capacity
dismissed
L-1A
Household Appliances
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
Chandelier Design
The appeal was summarily dismissed because the petitioner failed to file a timely brief or provide additional evidence to challenge the dire...
Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
L-1A
Business
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
sustained
L-1A
Not Specified
The Administrative Appeals Office (AAO) withdrew its previous decision which had dismissed the appeal. Without providing any further reasoni...
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner could not file for a second 'new office' period after the initial one-year validity period e...
New Office Requirements Managerial Or Executive Capacity Staffing Levels
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 Staffing Levels
dismissed
L-1A
Management And Consulting
The appeal was rejected because it was not properly filed. The appeal was submitted by counsel representing the beneficiary, not the petitio...
Standing To Appeal Properly Filed Appeal
dismissed
L-1A
Convenience Store
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The petitioner filed the appeal 56 days after the decision was issued, which is beyon...
Timely Filing Of Appeal
sustained
L-1A
Not Specified
The Administrative Appeals Office (AAO) summarily withdrew its own previous decision which had dismissed the appeal. Without providing any f...
dismissed
L-1A
Marine Services
The initial petition for a new office was denied because the petitioner failed to secure sufficient physical premises. The appeal was summar...
Sufficient Physical Premises New Office Requirements Failure To Identify Error On Appeal
dismissed
L-1A
Travel Services
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity New Office Extension Requirements Doing Business For One Year Staffing Of New Office Financial Status Of U.S. Company
dismissed
L-1A
Computer Accessories
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
Wholesale Trade
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 Staffing Levels
remanded
L-1A
Import/Export
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 Qualifying Organization
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 Or Executive Capacity Staffing Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Jewelry And Apparel Trade
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
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-1A
Manufacturing
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 New Office Extension Requirements
remanded
L-1B
Packaging Machinery
The director denied the petition, concluding the beneficiary had not been employed in a specialized knowledge capacity for the required one ...
Specialized Knowledge One Year Of Foreign Employment Qualifying Relationship
dismissed
L-1A
Computer Accessories
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
Art Gallery
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
Import And Export
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a primarily m...
Managerial Capacity Executive Capacity
dismissed
L-1A
Electrical Equipment Manufacturing
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Managerial Or Executive Capacity Qualifying Relationship Foreign Entity Doing Business
dismissed
L-1A
Photographic Products
The appeal was summarily dismissed because the counsel failed to specifically identify an erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity
dismissed
L-1A
Education / Entertainment
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
dismissed
L-1A
Technology Consulting
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
remanded
L-1B
Litigation Support Services
The director denied the petition, concluding that the petitioner failed to establish the beneficiary has specialized knowledge or would be e...
Specialized Knowledge Employment In A Specialized Knowledge Capacity Qualifying Organization
dismissed
L-1B
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a capacity involving specializ...
Specialized Knowledge New Office Requirements
dismissed
L-1A
Unknown
The appeal was rejected as it was filed one day late. The director's decision was issued on March 1, 2004, which meant the appeal was due on...
Timely Filing Of Appeal
dismissed
L-1A
Photographic Products
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Managerial Or Executive Capacity
dismissed
L-1B
Retail Merchandise
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge as defined by the s...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
International Trade
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Relationship Sufficient Physical Premises One Year Of Prior Employment In A Managerial Or Executive Capacity New Office'S Ability To Support A Managerial Or Executive Position
dismissed
L-1B
Publishing
The appeal was summarily dismissed primarily on procedural grounds because the petitioner failed to submit a timely brief or evidence to ide...
Specialized Knowledge
dismissed
L-1B
Newspaper Publishing
The appeal was summarily dismissed because the petitioner's counsel failed to timely submit a brief and/or additional evidence to identify a...
Specialized Knowledge
dismissed
L-1A
Real Estate And Investment
The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined that the appeal was improperly filed by the...
Managerial Or Executive Capacity Standing To File Appeal
dismissed
L-1A
Travel Agency
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 Requirements Staffing Levels
sustained
L-1A
Education And Entertainment
The appeal was sustained because the director's denial was based on an incorrect assessment of the petitioner's staffing. The petitioner suc...
Managerial Capacity Executive Capacity Staffing Levels Supervision Of Subordinates
dismissed
L-1B
Business
The appeal was rejected because regulations state there is no appeal from the denial of an application for extension of stay. The AAO also n...
Maximum Period Of Stay Timely Filing Of Extension Change Of Capacity From Specialized Knowledge To Managerial Right To Appeal An Extension Denial
remanded
L-1B
Litigation Support Services
The director denied the petition for failing to establish that the beneficiary possessed specialized knowledge or that the proposed position...
Specialized Knowledge Employment In A Specialized Knowledge Capacity Qualifying Relationship Between Entities
dismissed
L-1A
Chandelier Design
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a timely brief or evidence to specifically identif...
Managerial Or Executive Capacity Failure To Identify Specific Error Of Law Or Fact
dismissed
L-1A
Entertainment Production
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises for its new office at the time o...
Sufficient Physical Premises For A New Office Qualifying Relationship Employment In A Managerial Or Executive Capacity
dismissed
L-1A
Dry Cleaning
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
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on March 1, 2004, making the appeal due by March 3...
Timeliness Of Appeal Motion To Reopen/Reconsider
dismissed
L-1A
International Trade
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Qualifying Corporate Relationship Sufficient Physical Premises Managerial Or Executive Capacity Procedural Requirements For Appeal
dismissed
L-1A
Unknown
The appeal was rejected as untimely filed. The director's decision was issued via facsimile on July 28, 2004, making the appeal due within 3...
Timeliness Of Appeal
dismissed
L-1B
Retail Merchandise
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the propose...
Specialized Knowledge Qualifying Employment Abroad Qualifying Relationship
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The decision was served via fax, requiring the appeal to be filed within 30 days, but...
Timely Filing Of Appeal Treating Untimely Appeal As A Motion To Reopen Or Reconsider
dismissed
L-1B
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the propose...
Specialized Knowledge Specialized Knowledge Capacity
dismissed
L-1A
Jewelry And Apparel Trading
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
Retail
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 Doing Business
remanded
L-1B
Packaging Machinery
The director's decision was withdrawn and the case was remanded because the director may have misinterpreted the beneficiary's employment hi...
Specialized Knowledge Capacity One Year Of Employment Abroad Qualifying Relationship
dismissed
L-1A
Printer Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be performing primarily manageria...
Managerial Capacity Executive Capacity New Office Extension Staffing
dismissed
L-1A
Commercial Cleaning & Recreation
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 Requirements Staffing
dismissed
L-1B
Medical Diagnostics
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the prospec...
Specialized Knowledge Qualifying Position Beneficiary'S Qualifications
dismissed
L-1A
Retail
The appeal was dismissed because the beneficiary had spent 25 months in the United States in F-2 nonimmigrant status during the three-year p...
One Continuous Year Of Full-Time Employment Abroad Qualifying Employment Within The Three Years Preceding Petition Filing Treatment Of Time Spent In The U.S. During The Qualifying Period
dismissed
L-1A
Mining
The appeal was dismissed because the petitioner failed to establish it was "doing business" in the United States as required. The director's...
Qualifying Organization Doing Business
dismissed
L-1A
Retail
The appeal was rejected because it was improperly filed. The appeal was submitted by the beneficiary's counsel, but regulations prohibit a b...
Standing To Appeal Managerial Or Executive Capacity
dismissed
L-1A
Soccer
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 Development
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 Requirements Staffing
dismissed
L-1A
Unknown
The appeal was rejected because it was filed after the deadline. The decision was issued on June 26, 2004, requiring an appeal within 33 day...
Timely Filing Of Appeal
dismissed
L-1A
Import/Export
The motion to reopen was rejected as untimely filed. The petitioner filed the motion more than four years after the appeal was dismissed, fa...
Qualifying Relationship Managerial Or Executive Capacity Doing Business Timeliness Of Motion
dismissed
L-1A
Manufacturing
The director denied the petition, and the AAO dismissed the appeal, because the petitioner failed to establish two key requirements for a ne...
Managerial Or Executive Capacity Doing Business New Office Requirements Staffing
dismissed
L-1B
Medical Diagnostics
The director denied the petition because the petitioner failed to establish that the beneficiary possesses specialized knowledge or that the...
Specialized Knowledge Of The Beneficiary Specialized Knowledge Required For The Position
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw the appeal. The AAO honored this request and forma...
Withdrawal Of Appeal
dismissed
L-1A
Vending Machines
The appeal was rejected on procedural grounds because it was not properly filed. The AAO found that the appeal was filed by the beneficiary,...
Managerial Or Executive Capacity Standing To Appeal
dismissed
L-1A
Restaurant
The appeal was dismissed as moot. The beneficiary had already adjusted their status to that of a permanent resident through a separate famil...
Qualifying Relationship Managerial Or Executive Capacity Financial Ability To Commence Doing Business
dismissed
L-1A
Furniture Retail
The initial petition was denied because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreig...
Qualifying Relationship Failure To Identify Error On Appeal
dismissed
L-1A
Restaurant
The appeal was dismissed because the case was deemed moot. A review of records showed that the beneficiary had already adjusted their status...
Qualifying Relationship Managerial Or Executive Capacity Financial Ability To Commence Doing Business
dismissed
L-1A
Import/Sales
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
New Office - Sufficient Physical Premises New Office - Financial Investment Qualifying Relationship
dismissed
L-1A
Accounting And 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 Capacity Executive Capacity New Office Extension Requirements Staffing Doing Business
dismissed
L-1A
Wholesale 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 Extension Requirements Staffing Levels
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