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 61 of 258
dismissed
L-1A
Property Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship Affiliate Ownership And Control New Office Extension
dismissed
L-1A
Automobile Parts
The appeal was dismissed because the petitioner, a new office, failed to establish that the U.S. operation would support a primarily manager...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support A Manager/Executive Within One Year
dismissed
L-1A
Convenience Store
The appeal was dismissed because the petitioner failed to establish that it had been 'doing business' for the previous year, a requirement f...
Doing Business For The Previous Year (New Office Extension) Employment Abroad In A Managerial/Executive Capacity Staffing Of The New Operation Financial Status Of The U.S. Operation
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive or manag...
Managerial Capacity Executive Capacity
dismissed
L-1A
Furniture Import
The appeal was dismissed because the petitioner failed to establish several required elements for the L-1A visa extension for a new office. ...
Managerial Or Executive Capacity Qualifying Relationship Doing Business For One Year Foreign Entity Doing Business Staffing
dismissed
L-1A
Wholesale And Import
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house its new U.S. o...
Sufficient Physical Premises For A New Office
dismissed
L-1B
Transportation Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge or that the propose...
Specialized Knowledge Qualifying Employment Abroad
dismissed
L-1A
Advertising And Export
The motion to reopen was dismissed because the petitioner failed to provide new facts relevant to the proceeding as required by 8 C.F.R. § 1...
Managerial Capacity Motion To Reopen Requirements
dismissed
L-1A
Dry Cleaning And Import
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Employment In A Primarily Executive Capacity Detailed Description Of Duties
dismissed
L-1A
Film And Packaging
The appeal was dismissed because the petitioner failed to establish that the beneficiary's duties are primarily executive in nature. The AAO...
Executive Capacity New Office Extension Requirements Directs The Management Of The Organization Establishes Goals And Policies
dismissed
L-1A
Commercial Printing
The appeal was dismissed because the petitioner failed to establish it had the financial ability to commence doing business as a new office ...
Size Of U.S. Investment Financial Ability To Commence Doing Business Support An Executive Or Managerial Position Within One Year New Office Requirements
dismissed
L-1A
Medical Supply Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the foreign entity...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Industrial Equipment
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role qualified as primarily managerial or executi...
Executive Capacity Managerial Capacity New Office Extension
dismissed
L-1A
Security Alarm Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. Althoug...
Qualifying Relationship Doing Business Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Import/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
Property Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship Affiliate Ownership And Control New Office Extension
dismissed
L-1A
Music Production
The appeal was dismissed because the petitioner, a new office, failed to establish that the beneficiary would be employed in a primarily exe...
Managerial Capacity Executive Capacity New Office Requirements Staffing
dismissed
L-1A
Automobile Parts
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support an executive or managerial positi...
Managerial Capacity Executive Capacity New Office Requirements Qualifying Organization One Year Of Prior Employment Abroad
dismissed
L-1A
Automotive Parts
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be primarily performing duties in...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Furniture Import
The appeal was dismissed because the petitioner failed to establish that the beneficiary was or would be primarily performing duties in an e...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Staffing
dismissed
L-1A
International Trade
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily executive or managerial capa...
Managerial Capacity Executive Capacity
dismissed
L-1B
Induction Heating Equipment
The appeal was dismissed because the petitioner failed to overcome the director's initial findings. The director had determined that the pet...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1A
Equipment 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
Granite Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role qualified as primarily executive or manageri...
Executive Capacity Managerial Capacity New Office Extension Requirements
dismissed
L-1A
Import/Export
The motion to reconsider was dismissed because it failed to establish that the AAO's prior decision was based on an incorrect application of...
Primarily Managerial Or Executive Capacity Staffing Levels Managing An Essential Function
dismissed
L-1A
Office Furniture
The director denied the petition for two reasons: failure to establish the U.S. entity was a 'new office' and failure to show the beneficiar...
New Office Status Doing Business Managerial Capacity Executive Capacity
dismissed
L-1A
Wholesale Trade
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
Fashion/Garments
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been, and would continue to be, employed in a p...
Managerial Capacity Executive Capacity Qualifying Organizations Staffing New Office Extension
dismissed
L-1A
Computer Business
The director revoked the initial approval on the basis of "gross error," concluding that the petitioner had not established that the U.S. co...
Doing Business Managerial Or Executive Capacity Qualifying Relationship Gross Error
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
International Trade And Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Supervision Of Subordinate Staff
dismissed
L-1A
Import/Export
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 Staffing Level
dismissed
L-1B
Induction Heating Equipment
The appeal was dismissed because the petitioner failed to establish the two key requirements for this visa category. The director determined...
Beneficiary Possesses Specialized Knowledge Position Requires Specialized Knowledge
dismissed
L-1B
Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge as defined by regul...
Specialized Knowledge
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and a foreign entity a...
Qualifying Relationship New Office Requirements Managerial Capacity One Year Of Prior Employment
dismissed
L-1A
Software
The appeal was dismissed. The director initially found the evidence insufficient to establish that the petitioner was 'doing business,' had ...
Doing Business Sufficient Physical Premises Managerial Or Executive Capacity Sufficient Funding / Capitalization New Office Agent Or Representative Office
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not provide sufficient eviden...
Qualifying Relationship Specialized Knowledge New Office Requirements Physical Premises
dismissed
L-1A
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Between U.S. And Foreign Entities Ownership And Control Beneficiary'S Employment In A Managerial Or Executive Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish it had been 'doing business' for the previous year, a requirement for a ...
Doing Business For The Previous Year Managerial Or Executive Capacity New Office Extension Requirements Staffing
dismissed
L-1A
International Trade
The director denied the petition for an extension, concluding that the petitioner failed to establish that the beneficiary would be employed...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Import/Export
The motion to reconsider was dismissed because the petitioner failed to establish that the AAO's prior decision was based on an incorrect ap...
Managerial Or Executive Capacity Staffing Levels Management Of An Essential Function
dismissed
L-1A
Computers
The director revoked the initial approval, concluding it was granted in "gross error" as the petitioner had not established that the U.S. co...
Managerial Or Executive Capacity Doing Business Qualifying Relationship Gross Error For Revocation New Office Extension Requirements
dismissed
L-1A
Shoe Wholesale
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
Granite Products
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 Requirements
dismissed
L-1A
Fashion
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been and would continue to be employed in a pri...
Managerial Capacity Executive Capacity Staffing Qualifying Organization New Office Extension
dismissed
L-1A
Furniture
The director denied the petition, finding the U.S. entity was not a new office and that the beneficiary would not be employed in a primarily...
New Office Doing Business Managerial Or Executive Capacity Support For Managerial/Executive Position Within One Year
dismissed
L-1A
Real Estate And International 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
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
Computer Export
The appeal was dismissed because the petitioner did not establish that the beneficiary has been and will continue to be employed in a primar...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Music Event Organization
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director determined that the petitioner had ...
Managerial Or Executive Capacity New Office Requirements Ability To Support Manager/Executive Position
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel submitted correspondence requesting that the appeal be withdrawn. The AAO's decisi...
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, not on the merits of the case. The petitioner's counsel formally requested to withdraw the a...
Withdrawal Of Appeal
dismissed
L-1A
Leather Goods Importation
The motion to reopen was granted because new evidence was submitted, but the original denial was affirmed and the appeal ultimately dismisse...
Managerial Or Executive Capacity Sufficient Physical Premises
dismissed
L-1A
Import/Export
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity
dismissed
L-1A
Software And Electronics
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that the beneficiary would be employed in...
Managerial Capacity Executive Capacity
dismissed
L-1A
Petrochemical Technology
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to a permanent resident as of July 13, 2004...
Managerial Capacity Executive Capacity Essential Function Manager Specialized Knowledge Ability To Support Position
dismissed
L-1B
Software Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge as defined by law. ...
Specialized Knowledge Employment Abroad In Specialized Knowledge Capacity Proposed U.S. Employment In Specialized Knowledge Capacity
dismissed
L-1A
Travel
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Managerial Or Executive Capacity One Year Of Prior Employment Abroad Qualifying Relationship Between Entities
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary's employment abroad was primarily...
Employment In A Managerial Or Executive Capacity (Abroad) Employment In A Managerial Or Executive Capacity (U.S.) Ability To Support The Position
dismissed
L-1A
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 New Office Extension
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 Beneficiary'S Job Duties Supervision Of Staff
dismissed
L-1A
Flower Importation
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Wholesale 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
dismissed
L-1A
Jewelry 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 Requirements
dismissed
L-1B
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a chef, possessed the required specialized knowled...
Specialized Knowledge
dismissed
L-1A
Flower Importation
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity New Office Extension Staffing Levels Supervision Of Employees
dismissed
L-1A
Jewelry Retail
The director initially denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily ...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Not Specified
The appeal was rejected because it was filed untimely. The director's decision was issued on December 30, 2003, which requires an appeal to ...
Timely Filing Of Appeal
dismissed
L-1A
Beauty Salon
The petitioner filed an appeal of the director's denial, but the AAO rejected it as untimely. The petitioner then filed a motion to reopen t...
Timely Filing Of Appeal Jurisdiction Over Motion To Reopen
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested its withdrawal. The Administrative Appeals Office did not revie...
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on March 9, 2004, and the appeal was received 35 d...
Timely Filing Of Appeal
dismissed
L-1A
Retail/Service
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Managerial Or Executive Capacity Procedural Grounds For Appeal
dismissed
L-1A
Computer Education
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in a managerial or executive cap...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Nursing Home
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Qualifying Organization Managerial/Executive Capacity New Office Requirements Failure To Identify Error On Appeal
dismissed
L-1A
Retail
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Managerial Or Executive Capacity Procedural Grounds For Appeal
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The appeal was received on April 13, 2004, 35 days after the director's decision was ...
Timely Filing Of Appeal
dismissed
L-1A
Petrochemical Technology
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted their status to that of a permanent resident throu...
Managerial Capacity Executive Capacity Ability To Support Position Specialized Knowledge
remanded
L-1B
Restaurant Business
The director initially denied the petition, believing it was for an L-1A manager, for failing to establish that the beneficiary would be emp...
Managerial Or Executive Capacity Specialized Knowledge
dismissed
L-1A
Leather Goods
The motion to reopen was granted, but the previous denial was affirmed. The petitioner submitted new evidence, such as a new lease and proof...
Managerial Or Executive Capacity Sufficient Commercial Space
dismissed
L-1A
Computer Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role was and would continue to be primarily manag...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel submitted correspondence requesting that the appeal be withdrawn. The AAO's dismis...
dismissed
L-1A
Automobile Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a capacity that was primarily ...
Managerial Capacity Executive Capacity Qualifying Organization Staffing Levels Job Duties Description
dismissed
L-1A
Import/Export
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity Failure To Identify Error Of Law Or Fact
dismissed
L-1A
Travel
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 One Year Of Prior Employment Abroad Qualifying Corporate Relationship
dismissed
L-1A
Software/Electronics 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
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The dismissal was based on the petitioner's counsel formally requesting ...
Withdrawal Of Appeal
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The decision was made on the basis of t...
dismissed
L-1B
Software Services
The director denied the petition for failing to establish that the beneficiary possessed specialized knowledge, that the beneficiary was emp...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity U.S. Position Requires Specialized Knowledge
dismissed
L-1B
Educational Toys
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the 'specialized knowledge' required for ...
Specialized Knowledge
dismissed
L-1A
Farm Equipment Distribution And Construction
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 Staffing Levels Primarily Engaged In Qualifying Duties
dismissed
L-1A
Money Transfer
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Sufficient Business Premises Support A Managerial Or Executive Position Within One Year Feasible Business Plan Financial Status Failure To Identify Error On Appeal
dismissed
L-1A
Construction And Renovation
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive...
Employment In A Managerial Or Executive Capacity Abroad Employment In A Managerial Or Executive Capacity In The U.S. New Office Requirements
dismissed
L-1A
Not Specified
The appeal was rejected as untimely filed. The decision was mailed on December 30, 2003, but the appeal was received on February 4, 2004, wh...
Timely Filing Of Appeal
dismissed
L-1A
Diesel Parts Sales And Services
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 Supervision Of Personnel
dismissed
L-1A
Computer Parts Trading
The appeal was dismissed because the petitioner failed to provide a detailed description of the beneficiary's proposed duties to prove they ...
Primarily Managerial Or Executive Capacity New Office Requirements Ability To Support A Manager/Executive Detailed Description Of Duties
dismissed
L-1A
Computer Hardware
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Managerial Or Executive Capacity Failure To State Grounds For Appeal
dismissed
L-1A
Computer Education
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 Staffing
dismissed
L-1A
Clothing Retail/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 Requirements
dismissed
L-1A
Furniture Trade
The appeal was dismissed because the petitioner failed to establish that it and the foreign entity were qualifying organizations. The eviden...
Qualifying Organization Subsidiary Relationship Affiliate Relationship New Office Extension
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