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 64 of 258
dismissed
L-1A
Restaurant
The decision denies the petitioner's fifth motion to reopen and reconsider. The underlying appeal was originally rejected as untimely filed....
Managerial Or Executive Capacity New Office Requirements Timely Filing Of Appeal Motion To Reopen Motion To Reconsider
dismissed
L-1A
Financial Services
The appeal was summarily dismissed for procedural reasons. The petitioner failed to identify a specific erroneous conclusion of law or state...
Failure To Identify Specific Error Of Law Or Fact
dismissed
L-1A
Retail
The appeal was summarily dismissed because the petitioner failed to identify a specific, erroneous conclusion of law or statement of fact fr...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required 'specialized knowledge'. The...
Specialized Knowledge Special Knowledge Of Company Product Advanced Knowledge Of Company Processes
dismissed
L-1A
Leather Goods
The appeal was summarily dismissed because the Petitioner failed to meet procedural requirements. The Petitioner stated it would submit a br...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Optical Products
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to identify a specific erroneous conclusion of law or statem...
8 C.F.R. § 103.3(A)(1)(V)
sustained
L-1B
Information Technology
The appeal was sustained because the petitioner successfully demonstrated on appeal that the beneficiary possesses specialized knowledge of ...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Employment In The U.S. In A Specialized Knowledge Capacity Offsite Placement Requirements
remanded
L-1A
Heating Appliances
The decision was remanded because the Director applied the incorrect legal standard, evaluating the case as an initial 'new office' petition...
New Office Extension Executive Capacity Staffing Levels
dismissed
L-1A
Investment And Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity New Office Extension Beneficiary'S Duties Staffing Levels
dismissed
L-1A
Rice Importation
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Construction & Real Estate
The motion to reconsider was denied because the petitioner failed to resolve ambiguities regarding the nature and scope of its business acti...
Managerial Capacity Executive Capacity Organizational Structure Function Manager
dismissed
L-1A
Drapery And Blind Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Employment In An Executive Capacity Employment In A Managerial Capacity Foreign Employment Capacity Job Duties Organizational Structure
dismissed
L-1A
Human Resources Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity Executive Capacity Staffing Levels Organizational Structure New Office Requirements
dismissed
L-1A
Clothing Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Employment In A Managerial Or Executive Capacity Qualifying Organization Doing Business Abroad New Office Extension Requirements
sustained
L-1A
Manufacturing
The appeal was sustained because the petitioner submitted sufficient evidence demonstrating the beneficiary's qualifying roles. The evidence...
Managerial Capacity Abroad Managerial Capacity In The U.S. Personnel Manager
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed primarily in an executive capacit...
Executive Capacity In The U.S. Managerial Or Executive Capacity Abroad One Year Of Continuous Employment Abroad New Office Extension Requirements
sustained
L-1A
Mold Tooling
The Director denied the petition, concluding the record did not establish the Beneficiary would be employed in an executive capacity, citing...
Executive Capacity Sufficient Support Staff New Office Petition
dismissed
L-1A
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
One Year Of Foreign Employment Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
sustained
L-1B
Cloud Security Architecture
The appeal was sustained because the AAO disagreed with the Director's finding. The AAO concluded that the record demonstrated the Beneficia...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Employment In The U.S. In A Specialized Knowledge Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Employment In An Executive Capacity Staffing Levels New Office Extension Requirements Primary Duties
dismissed
L-1A
Heavy Equipment
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed abroad in a qualifying managerial ca...
Foreign Managerial Capacity U.S. Managerial/Executive Capacity New Office Requirements Sufficient Physical Premises
dismissed
L-1A
Education
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a primarily executive capacity...
Executive Capacity Job Duties New Office Extension Staffing Levels
dismissed
L-1A
Food Import/Export
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a primarily managerial or ex...
Managerial Or Executive Capacity (Foreign) Managerial Or Executive Capacity (U.S.) New Office Requirements
dismissed
L-1A
Textile Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary had one continuous year of full-time employment abr...
One Year Continuous Employment Abroad Qualifying Relationship Successor-In-Interest
dismissed
L-1A
Solar Energy
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial capacity. The AAO...
Managerial Capacity Executive Capacity Staffing Levels Organizational Structure
dismissed
L-1A
Real Estate 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 Job Duties Staffing Levels
dismissed
L-1A
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity Job Duties Organizational Structure Staffing Levels New Office Petition Extension
dismissed
L-1A
Trucking
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Employment In An Executive Capacity Job Duties Staffing Levels Organizational Structure
dismissed
L-1A
Sports Management
The motions to reopen and reconsider were denied because the petitioner failed to state new facts or establish that the previous decision wa...
Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
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 Job Duties Organizational Structure
dismissed
L-1A
Food And Health Products Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity Executive Capacity Function Manager New Office Extension
remanded
L-1A
General Merchandise
The AAO found that the petitioner did submit sufficient evidence to establish it could support the Beneficiary in an executive position with...
Managerial Or Executive Capacity New Office Requirements Qualifying Relationship
remanded
L-1A
Printer Sales And Import
The Director's denial was withdrawn because it contained factual errors, such as analyzing the wrong job description and misstating the numb...
Managerial Capacity Executive Capacity New Office Requirements Organizational Structure Beneficiary'S Job Duties
dismissed
L-1A
Machine Shop
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Managerial Or Executive Capacity One Year Of Qualifying Employment Abroad
sustained
L-1A
Smart Card Technology
The appeal was sustained because the petitioner provided sufficient evidence to demonstrate its U.S. subsidiary is actively doing business b...
Doing Business Managerial Or Executive Capacity Organizational Structure Subordinate Duties
dismissed
L-1A
Business
The motions to reopen and reconsider were denied because they were filed untimely. The petitioner filed the motion 55 days after the unfavor...
Timely Filing Of Motion
dismissed
L-1A
Weather Instruments
The motion to reopen was denied because the petitioner did not submit new facts relevant to eligibility at the time the petition was filed. ...
Managerial Capacity
dismissed
L-1A
Hospitality
The motions to reopen and reconsider were denied, upholding the previous summary dismissal of the appeal. The petitioner failed to follow pr...
Motion To Reopen Motion To Reconsider Summary Dismissal Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact Proper Filing Procedure For Appeal Briefs
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner, a small one-employee retail company, failed to establish that the beneficiary would be empl...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Investment Management
The appeal was dismissed because the petitioner, a small four-employee firm, failed to establish that the beneficiary would be employed prim...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed in a primarily ...
Employment In An Executive Capacity Proposed U.S. Job Duties Employment Abroad In An Executive Capacity Organizational Structure
dismissed
L-1A
Clothing Wholesale
The motions to reopen and reconsider were denied because the petitioner failed to provide the new evidence it claimed to have, such as an up...
Qualifying Relationship Managerial/Executive Capacity (U.S.) Managerial/Executive Capacity (Abroad)
dismissed
L-1A
Food Production
The appeal was dismissed as moot. After filing the appeal, the petitioner filed a new petition for the same beneficiary, which was approved,...
Managerial Or Executive Capacity
dismissed
L-1A
Petrochemicals
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying executive capac...
Executive Capacity Qualifying Relationship New Office Extension
dismissed
L-1A
Apparel And Accessories
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Culture Exchange Services
The motion to reconsider was denied because the petitioner failed to establish that the prior decision was based on an incorrect application...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Medical Equipment
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial capac...
Managerial Capacity (U.S. Position) One Year Of Foreign Employment Managerial Capacity (Foreign Position) Sufficient Physical Premises Ability To Support Manager Within One Year
dismissed
L-1A
Herbal Tea Distribution
The appeal was dismissed because the petitioner failed to prove its new office would realistically develop to support a primarily managerial...
New Office Requirements Managerial Or Executive Capacity Ability To Support Managerial/Executive Position Within One Year
dismissed
L-1A
Import And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Employment Abroad In A Managerial Capacity Definition Of Managerial Capacity Beneficiary'S Job Duties Staffing And Organizational Structure
dismissed
L-1A
E-Commerce
The motion to reconsider was denied because it was untimely filed. The motion was received 46 days after the unfavorable decision was served...
Timeliness Of Motion
dismissed
L-1A
Safe Sales
The motions to reopen and reconsider were denied because they were not filed within the required 33-day period. The AAO found that an initia...
Motion To Reopen Motion To Reconsider Timely Filing Of Motion
dismissed
L-1A
Plumbing Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity One Year Of Foreign Employment New Office Requirements
dismissed
L-1A
Nutritional Supplements
The appeal was dismissed because the petitioner failed to establish that its new U.S. office would support a managerial or executive positio...
New Office Requirements Managerial Capacity Executive Capacity Staffing Levels
remanded
L-1A
Clothing Distribution
The matter was remanded because the Director's decision was procedurally flawed. The Director failed to sufficiently address new evidence su...
Managerial Capacity Executive Capacity
dismissed
L-1A
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a pri...
Managerial Capacity (U.S.) Executive Capacity Staffing Levels Foreign Employment Capacity
dismissed
L-1A
Life Sciences
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in an executive capacity. The pr...
Executive Capacity Job Duties Staffing Levels New Office Extension
remanded
L-1B
Software Development
The Director's decision was withdrawn because the AAO found that the petitioner successfully established that the beneficiary possesses the ...
Specialized Knowledge New Office Requirements Labor For Hire
dismissed
L-1A
Raw Lumber Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity ab...
Employment Abroad In A Managerial Capacity Proposed Employment In A Managerial Capacity New Office Requirements Staffing Levels Primarially Managerial Vs. Operational Duties
sustained
L-1B
Financial Software
The Director initially denied the petition, finding the petitioner failed to prove the beneficiary possessed specialized knowledge. The AAO ...
Specialized Knowledge One Year Of Employment Abroad In A Qualifying Capacity Proposed U.S. Employment In A Specialized Knowledge Capacity Advanced Level Of Knowledge
dismissed
L-1A
Construction And Real Estate
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer, as a ...
Qualifying Relationship Foreign Entity Doing Business Managerial Capacity
dismissed
L-1A
Scrap Metal Recycling
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying executive capac...
Employment Abroad In A Managerial Or Executive Capacity Duties Of Foreign Position New Office Requirements To Support An Executive/Managerial Position
dismissed
L-1A
Tour Bus Operation
The appeal was dismissed because the petitioner failed to establish that its new office would support the beneficiary in a managerial or exe...
New Office Requirements Managerial Capacity Executive Capacity Financial Ability To Support Us Operation Organizational Structure
dismissed
L-1A
Jewelry Retail
The appeal was dismissed because the petitioner failed to establish the beneficiary was employed abroad in a qualifying managerial or execut...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Escape Room Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily executive capaci...
Employment Abroad In Executive Capacity Proposed Employment In Executive Capacity
dismissed
L-1A
Manufacturing
The appeal was dismissed because the underlying issues were considered moot. The Beneficiary had already adjusted status to that of a lawful...
Managerial Or Executive Capacity
dismissed
L-1A
Unspecified Business
The appeal was summarily dismissed on procedural grounds. The Petitioner filed a notice of appeal but failed to submit a brief or evidence t...
Failure To Identify Erroneous Conclusion Of Law Or Fact
sustained
L-1A
Logistics
The appeal was sustained because the petitioner provided ample evidence of a qualifying relationship with its Vietnamese subsidiary, proving...
Qualifying Relationship Engaged In Commercial Trade Or Services Procedural Requirements For Blanket Petitions
dismissed
L-1B
Astronomy
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge. The Director and t...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Proposed Employment In A Specialized Knowledge Capacity
dismissed
L-1A
Led Lighting
The appeal was dismissed because the petitioner failed to establish that the new office would support the beneficiary in a qualifying manage...
Managerial Capacity Executive Capacity New Office Requirements
sustained
L-1B
Software Development
The Director denied the petition, finding the petitioner failed to establish the beneficiary's specialized knowledge. The appeal was sustain...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Proposed Employment In A Specialized Knowledge Capacity L-1 Visa Reform Act (Labor For Hire)
dismissed
L-1A
Flooring Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Managerial Capacity Executive Capacity
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises for its new office at the ti...
Qualifying Relationship Sufficient Physical Premises Employment Abroad In Executive Capacity Ability To Support Executive Position
dismissed
L-1B
Real Estate
The appeal was dismissed as moot. After the original petition was denied and appealed, the petitioner filed a new petition on the beneficiar...
Specialized Knowledge
dismissed
L-1A
Cosmetics 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 New Office Extension
dismissed
L-1A
Retail
The appeal was dismissed due to fundamental inconsistencies in the record regarding the nature of the business, its physical premises, and i...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Import And Export
The appeal was dismissed because the Beneficiary failed to meet the requirement of having at least one continuous year of qualifying employm...
Employment Abroad For One Year Qualifying Relationship New Office Requirements Managerial Or Executive Capacity
sustained
L-1A
Food And Beverage
The appeal was sustained because the AAO found the petitioner provided sufficient evidence, including a detailed duty description, credible ...
Managerial Or Executive Capacity New Office Requirements Beneficiary'S Day-To-Day Duties Sufficient Subordinate Staff
sustained
L-1A
Manufacturing And Engineering
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary was employed abroad in a qualifying manageria...
Employment Abroad In A Managerial Capacity Definition Of Managerial Capacity Personnel Manager Vs Function Manager Supervision Of Subordinate Staff Authority For Personnel Actions
dismissed
L-1B
Juice Bar
The AAO issued a Request for Evidence (RFE) for missing documents, but the petitioner failed to respond within the required timeframe. The a...
Failure To Respond To Rfe Specialized Knowledge
dismissed
L-1B
Juice Bar
The appeal was dismissed because the petitioner failed to respond to a Request for Evidence (RFE) from the AAO. The petitioner was asked to ...
Failure To Respond To Rfe Abandonment
dismissed
L-1A
Car Wash
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Executive Capacity Managerial Capacity Job Duties Staffing Levels New Office Extension
dismissed
L-1A
Software And International Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Executive Capacity Managerial Capacity Job Duties Staffing Levels New Office Requirements
dismissed
L-1A
Industrial Hardware
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily executive capaci...
Employed Abroad In An Executive Capacity Employed In The U.S. In An Executive Capacity Organizational Structure And Staffing Performance Of Non-Executive Duties
dismissed
L-1A
Freight Transportation
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a qualifying managerial or executi...
Managerial Capacity Executive Capacity Function Manager Staffing Levels Organizational Structure
dismissed
L-1A
Healthcare Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity New Office Requirements
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required 'specialized knowledge.' The...
Specialized Knowledge Foreign Employer Doing Business One Year Continuous Employment Abroad Off-Site Employment Compliance
dismissed
L-1A
Cosmetics
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 Employment Abroad New Office Requirements
dismissed
L-1A
Product Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship New Office Managerial Or Executive Capacity
dismissed
L-1B
Helicopter Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a helicopter pilot, possessed the required special...
Specialized Knowledge Special Knowledge Advanced Knowledge
dismissed
L-1A
Online Gaming
The appeal was dismissed because the petitioner failed to establish that it was 'doing business' as defined by regulations, which requires t...
Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Digital Commerce
The appeal was dismissed because the record did not establish that the beneficiary would be employed primarily in an executive capacity. Man...
Executive Capacity Job Duties Staffing Levels
sustained
L-1A
Recruitment
The initial petition was denied because the Director found the record did not establish that the Beneficiary was employed abroad in a manage...
Managerial Capacity (Abroad) Function Manager
dismissed
L-1A
Retail Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Staffing Levels Organizational Structure Qualifying Relationship
dismissed
L-1A
Technology Consulting
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 Staffing Levels New Office
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad, or would be employed in the U....
Managerial Capacity (Abroad) Managerial Capacity (U.S.) One Year Of Employment Abroad Qualifying Relationship Doing Business
dismissed
L-1A
Law
The appeal was dismissed because the petitioner, a law firm, did not qualify as an affiliate under the specific definition it cited. The AAO...
Qualifying Relationship Blanket Petition Requirements Affiliate Definition
dismissed
L-1A
Travel Agency
The appeal was dismissed because the petitioner did not overcome the grounds for denial. Although the AAO found the petitioner had secured s...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity (New Office) Qualifying Relationship With Foreign Employer Sufficient Physical Premises For New Office
dismissed
L-1A
Product Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying executi...
Executive Capacity Managerial Capacity Job Duties Staffing Levels New Office Extension
dismissed
L-1A
Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship Doing Business Managerial Or Executive Capacity
sustained
L-1A
Smart Home Technology
The appeal was sustained because, upon de novo review, the AAO found that the petitioner had established the new office would more likely th...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support Managerial Position Within One Year Organizational Structure
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