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 68 of 258
dismissed
L-1B
Photo Imaging Products
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship Doing Business Abroad Specialized Knowledge
dismissed
L-1A
Retail And Wholesale Trade
The motion to reopen and reconsider was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in an e...
Executive Capacity Staffing Levels
dismissed
L-1B
Petroleum Engineering
The Director denied the petition because the evidence of record did not establish that the Beneficiary possesses specialized knowledge as re...
Specialized Knowledge
dismissed
L-1B
Finance
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the 'specialized knowledge' required for ...
Specialized Knowledge
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Managerial Capacity (Foreign Employment) Temporary Nature Of Employment New Office Requirements
dismissed
L-1A
Cosmetics
The appeal was summarily dismissed primarily because the petitioner failed to specifically identify any erroneous conclusion of law or fact ...
One Year Of Foreign Employment Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
L-1B
Sports Construction
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The D...
Qualifying Relationship Specialized Knowledge Affiliate Subsidiary
dismissed
L-1A
Car Rental
The motion to reconsider was denied because it did not meet the legal requirements for such a motion. The petitioner largely repeated argume...
Managerial Or Executive Capacity Sufficient Staffing
dismissed
L-1A
Restaurant Business
The motion to reopen and reconsider was denied, upholding the prior dismissal. The petitioner failed to establish that the beneficiary would...
Managerial Or Executive Capacity Staffing Levels Job Duties Organizational Structure
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...
Executive Capacity Staffing Levels Primarily Performing Qualifying Duties
dismissed
L-1A
Sportswear Manufacturing
The motion to reopen was denied because the petitioner failed to present new facts, as required. The petitioner's submission was a critique ...
Executive Capacity Primarily Performing Qualifying Duties New Facts For Motion To Reopen
dismissed
L-1B
Information Technology
The Director denied the petition, concluding that the petitioner did not establish that the beneficiary possesses specialized knowledge or t...
Specialized Knowledge
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Employed In A Managerial Or Executive Capacity
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive capacity w...
Executive Capacity New Office Requirements Staffing Levels
dismissed
L-1A
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 Or Executive Capacity New Office Requirements Ability To Support Position Within One Year Beneficiary'S Job Duties
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary had one continuous year of full-time employment abr...
One Year Of Continuous Foreign Employment Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
L-1A
Restaurant
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 Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Managerial Or Executive Capacity Staffing Levels U.S. Employment
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 Employment Abroad In A Specialized Knowledge Capacity Employment In The U.S. In A Specialized Knowledge Capacity Employment At An Unaffiliated Employer'S Worksite
dismissed
L-1A
Education
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing, as it admitted the physical premises ...
Sufficient Physical Premises For A New Office Ability To Support A Managerial/Executive Position Within One Year
sustained
L-1B
Agricultural Science
The Director initially denied the petition, concluding that the petitioner failed to establish the beneficiary possessed specialized knowled...
Specialized Knowledge
dismissed
L-1A
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Staffing Levels Job Duties Organizational Structure
dismissed
L-1A
Ice Cream Store
The appeal was dismissed because the record did not establish that the petitioner, a 'new office', would grow to a point where it could supp...
Managerial Capacity Executive Capacity New Office Requirements Qualifying Relationship
dismissed
L-1A
Travel Services
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed primarily in an executive capacity....
Employment In A Managerial Or Executive Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Proposed U.S. Employment In A Managerial Or Executive Capacity
dismissed
L-1A
Exercise And Fitness
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not submit any new facts, in...
Managerial Capacity Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The r...
Qualifying Relationship One Year Of Employment Abroad Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Childcare
The appeal was summarily dismissed because the petitioner failed to follow up the appeal with a brief or any evidence. The petitioner did no...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Pastry Production
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to identify a specific erroneous conclusion of law or statem...
Failure To Identify Specific Error Of Law Or Fact
dismissed
L-1B
Engineering
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. petitioner and the foreign em...
Qualifying Relationship Specialized Knowledge
dismissed
L-1A
Industrial Equipment
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
dismissed
L-1B
Food Retail
The Director initially denied the petition on two grounds, but the AAO withdrew the finding regarding the one-year employment requirement. H...
1 Year Continuous Employment Abroad Specialized Knowledge
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary was employed abroad primarily in ...
Employment Abroad In A Managerial Or Executive Capacity Employment In The Us In A Managerial Or Executive Capacity Temporary Nature Of Employment
dismissed
L-1B
Restaurant Operations
The appeal was dismissed as moot because the petitioner failed to respond to a notice from the AAO. The notice requested confirmation on whe...
Mootness Failure To Respond To Notice
dismissed
L-1B
Culinary
The appeal was dismissed as moot because the petitioner did not respond to an AAO notice. The AAO had requested the petitioner to inform the...
Specialized Knowledge Mootness
dismissed
L-1A
Hospitality
The appeal was summarily dismissed for procedural reasons. The Petitioner failed to identify any specific erroneous conclusion of law or sta...
8 C.F.R. § 103.3(A)(1)(V) (Summary Dismissal)
dismissed
L-1B
Restaurant Operations
The appeal was dismissed as moot because the Petitioner failed to respond to a notice from the AAO. The AAO had requested the Petitioner to ...
Mootness Failure To Respond
dismissed
L-1A
Electrical Component Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Managerial Capacity Functional Manager Foreign Employment Staffing Levels
dismissed
L-1B
Restaurant Industry
The appeal was dismissed as moot because the petitioner failed to respond to an AAO notice. The AAO had requested the petitioner to state wh...
Specialized Knowledge
dismissed
L-1B
Restaurant
The AAO sent a notice to the Petitioner asking if they wished to pursue the appeal and provided 33 days for a response. The Petitioner faile...
Specialized Knowledge
dismissed
L-1A
Marketing And Cctv Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity New Office Requirements Staffing Levels Supervision Of Employees Job Duties Description
dismissed
L-1A
Automotive Sales
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad in a qualifying managerial or exe...
Employed Abroad In A Managerial Or Executive Capacity Employed In The U.S. In A Managerial Or Executive Capacity Definition Of Managerial Capacity Definition Of Executive Capacity
dismissed
L-1B
Restaurant
The appeal was dismissed as moot. The AAO sent the petitioner a notice asking if it wished to continue pursuing the appeal, but the petition...
Specialized Knowledge
dismissed
L-1A
Stationery Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in a managerial capac...
Employment Abroad In A Managerial Capacity New Office Requirements Ability Of New Office To Support A Managerial Position Supervision Of Professional/Managerial Staff Distinction Between Managerial And Operational Duties
dismissed
L-1A
Shipping
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 Sufficient Physical Premises Ability To Support A Managerial/Executive Position Within One Year
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 Or Executive Capacity New Office Requirements Sufficient Physical Premises Staffing Levels
dismissed
L-1B
Accounting
The Director denied the petition, concluding the petitioner failed to establish that the beneficiary possessed the required specialized know...
Specialized Knowledge
dismissed
L-1A
Security Equipment
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
Real Estate Investment
The Director denied the petition, concluding the petitioner did not establish that the beneficiary would be employed in a managerial or exec...
Executive Capacity Managerial Capacity Staffing Levels New Office Extension
dismissed
L-1B
Culinary Arts
The appeal was dismissed as moot because the petitioner failed to respond to an AAO notice. The AAO had requested the petitioner to state wh...
Specialized Knowledge Mootness
dismissed
L-1B
Hairstyling
The Director denied the petition, concluding that the evidence failed to establish that the Beneficiary possesses specialized knowledge or w...
Specialized Knowledge
dismissed
L-1A
Religion
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Ownership Control
dismissed
L-1A
Project Management Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position would be primarily in an e...
Managerial Or Executive Capacity Foreign Entity Continues To Do Business Staffing Levels
dismissed
L-1B
Software Consulting
The appeal was dismissed because the petitioner did not establish that the beneficiary possesses specialized knowledge. The Director also fo...
Specialized Knowledge Labor For Hire
dismissed
L-1A
Business Management
The appeal was dismissed because the petitioner, a new U.S. office, failed to establish that its intended operation would support the benefi...
Managerial Capacity New Office Requirements Ability To Support Managerial Position Staffing Levels
sustained
L-1B
Mobile Application Development
The appeal was sustained because upon de novo review, the AAO found that the petitioner provided sufficient additional evidence on appeal. T...
Specialized Knowledge Qualifying Employment Abroad Qualifying Employment In The United States
dismissed
L-1A
Retail
The motion to reopen was dismissed because the petitioner failed to provide sufficient new evidence to overcome the prior denial. Specifical...
One-Year Foreign Employment Managerial/Executive Capacity (Foreign) Qualifying Relationship Managerial/Executive Capacity (U.S.)
remanded
L-1A
Commercial Real Estate
The appeal was remanded because the Director's reasons for denial were flawed. The AAO determined the Director incorrectly analyzed the qual...
Qualifying Relationship Between U.S. And Foreign Entities One Continuous Year Of Full-Time Employment Abroad Employment In A Managerial Or Executive Capacity
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 Job Duties Staffing Levels
dismissed
L-1A
Trucking And Freight Services
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not provide any ...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements Timeliness Of Filing
dismissed
L-1A
Computer Equipment Wholesale
The appeal was ultimately dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an execut...
Employment In A Primarily Executive Capacity (U.S.) Employment In A Primarily Executive Capacity (Abroad) Qualifying Organization Doing Business Abroad
dismissed
L-1A
Restaurant Business
The combined motion to reopen and reconsider was denied because the petitioner failed to meet the procedural requirements. The petitioner di...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be primarily employed in a managerial or executiv...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Dosage Regulation Devices
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises for its new office at t...
Sufficient Physical Premises For New Office Employment Abroad In A Managerial Or Executive Capacity Ability To Support A Managerial Or Executive Position Within One Year
dismissed
L-1A
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive or mana...
Executive Or Managerial Capacity New Office Requirements Sufficient Physical Premises Ability To Support An Executive Position Within One Year Staffing Levels
dismissed
L-1A
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary completed one continuous year of full-time employme...
One Continuous Year Of Full-Time Employment Abroad Qualifying Executive Capacity Abroad New Office Requirements
dismissed
L-1A
Restaurant
The combined motion to reopen and reconsider was dismissed because the underlying appeal was not timely filed. The petitioner failed to prov...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider Managerial Or Executive Capacity
sustained
L-1A
Insurance
The appeal was sustained because the petitioner successfully demonstrated a qualifying corporate relationship with the beneficiary's foreign...
Qualifying Relationship
dismissed
L-1A
Import/Export
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 Staffing Levels New Office Extension
dismissed
L-1A
Weather Instruments
The Director denied the petition because the record did not establish that the Beneficiary would be employed in a managerial capacity. The P...
Managerial Capacity Staffing Levels
sustained
L-1A
Insurance
The appeal was sustained because the AAO found that the petitioner successfully established an employer-employee relationship with the benef...
Qualifying Employment Abroad Employer-Employee Relationship
dismissed
L-1A
Retail
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
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Executive Capacity Staffing Levels New Office
sustained
L-1B
Software Development
The appeal was sustained because the petitioner demonstrated that the beneficiary possesses advanced, specialized knowledge of the company's...
Specialized Knowledge
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possesses specialized knowledge or would be emplo...
Specialized Knowledge One Year Of Qualifying Employment Abroad
dismissed
L-1B
Pressure Control Equipment Manufacturing
The appeal was dismissed as moot because the beneficiary had already been approved for an L-1B visa under the Petitioner's Blanket L petitio...
Specialized Knowledge Mootness
sustained
L-1B
Technology Consulting
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary possesses the required specialized knowledge....
Specialized Knowledge
dismissed
L-1A
Jewelry Retail
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial capacity....
Managerial Capacity Executive Capacity Staffing Levels Job Duties
dismissed
L-1A
Tourism And Import/Export
The appeal was dismissed because the petitioner did not establish that the U.S. new office would support a primarily managerial or executive...
Managerial Capacity Executive Capacity New Office Requirements
remanded
L-1B
Software Services
The appeal was remanded because although the AAO found the petitioner had successfully demonstrated the beneficiary possesses the required s...
Specialized Knowledge Qualifying Relationship
dismissed
L-1A
Peace Advocacy
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Insurance
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The e...
Qualifying Relationship
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to provide sufficient evidence that its new office would support the beneficiary in a...
Managerial Or Executive Capacity New Office Requirements Ability To Support Position Within One Year Business Plan Viability
dismissed
L-1A
Car Rental
The appeal was dismissed because the petitioner, a small rental car company with only three employees, failed to establish that the benefici...
Managerial Capacity Executive Capacity Staffing Levels Qualifying Organization
dismissed
L-1B
Mortgage Banking
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The e...
Qualifying Relationship Specialized Knowledge
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner, a small two-person company, failed to establish that the beneficiary would be employed prim...
Executive Capacity Managerial Capacity Staffing New Office Extension
dismissed
L-1A
Food 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 Requirements Ability To Support Position Within One Year
dismissed
L-1B
Precision Agriculture
The appeal was dismissed as moot. The beneficiary was subsequently issued a blanket L-1 nonimmigrant visa for employment with the petitioner...
Mootness Blanket L-1 Visa
dismissed
L-1A
Jewelry Trading
The motion to reopen and reconsider was denied because the petitioner failed to establish a qualifying relationship, specifically not provin...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Retail Grocery
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house its new office...
Sufficient Physical Premises New Office Requirements Managerial Or Executive Capacity
dismissed
L-1A
Car Wash
The appeal was dismissed because the petitioner, a new car wash business, failed to prove that its new U.S. office would support an executiv...
New Office Requirements Managerial Capacity Executive Capacity
dismissed
L-1A
Agriculture
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary's...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Heavy Cargo Transportation
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Executive Capacity
dismissed
L-1A
Sanitation Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The D...
Qualifying Relationship
sustained
L-1A
Steel Import
The director initially denied the petition for failing to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity
dismissed
L-1A
Restaurant And 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 Or Executive Capacity One Year Of Qualifying Employment Abroad Qualifying Relationship Between Entities
remanded
L-1A
Swimming Pool Products Distribution
The appeal was remanded because while the petitioner successfully established a qualifying relationship, sufficient premises, and financial ...
Qualifying Relationship Sufficient Physical Premises Financial Ability To Support A New Office Managerial Or Executive Capacity
remanded
L-1A
Software Development
The Director denied the petition because the beneficiary had indicated he was 'Self Employed' on a prior visa application, suggesting he did...
One Year Of Continuous Full-Time Employment Abroad Employer-Employee Relationship Managerial Capacity
remanded
L-1A
Automated Payment Systems
The Director's denial, which was based on a finding of insufficient physical premises for a new office, was withdrawn. The case was remanded...
Sufficient Physical Premises For A New Office Employment In A Managerial Or Executive Capacity
dismissed
L-1A
Real Estate Development And Construction
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Doing Business Managerial Capacity Abroad Managerial Capacity In The Us
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