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 69 of 258
dismissed
L-1A
Water Filtration
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
Restaurant Management
The appeal was remanded because the Director incorrectly denied the petition by focusing on the terms of a franchise agreement instead of th...
Qualifying Relationship Managerial/Executive Capacity New Office Requirements
dismissed
L-1A
Logistics And Transportation
The appeal was dismissed because the petitioner, a new office, failed to provide sufficient evidence to establish that its U.S. operation wo...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support The Position
dismissed
L-1A
Chocolate Manufacturing
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 Identify Erroneous Conclusion Of Law Or Fact
dismissed
L-1A
Construction
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
dismissed
L-1A
Business Management
The combined motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements. The petitioner...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements New Office Petition Extension Organizational Structure And Staffing
dismissed
L-1A
Real Estate
The Director denied the petition because the Petitioner did not submit sufficient evidence to establish that its new U.S. office would suppo...
Managerial Capacity New Office Requirements Ability To Support Managerial Position Within One Year
dismissed
L-1A
Construction / Import & Export
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 Extension For A New Office
dismissed
L-1A
Transportation
The AAO reopened the case upon finding that the petitioner's appellate brief had been timely filed but was not in the record. However, after...
One Year Of Qualifying Foreign Employment Employment In A Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Food Service
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 Identify Error In Appeal
dismissed
L-1A
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was primarily in a managerial c...
Managerial Capacity Executive Capacity Function Manager
dismissed
L-1A
Mobile Phone Accessories Distribution
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying managerial capacity. The p...
Managerial Or Executive Capacity Qualifying Relationship Foreign Employer Doing Business Financial Status Staffing Levels New Office Extension Requirements
dismissed
L-1B
Information Technology
The Director denied the petition, concluding the petitioner failed to establish that the beneficiary possesses the required 'specialized kno...
Specialized Knowledge
dismissed
L-1A
Engineering Services
The Director denied the petition for failing to establish that the Beneficiary would be employed in a managerial capacity and that the U.S. ...
Managerial Capacity Executive Capacity Staffing Levels New Office Extension Requirements
dismissed
L-1A
Retail
The initial appeal was dismissed because the petitioner failed to establish the beneficiary would be employed in a managerial or executive c...
Managerial Or Executive Capacity Qualifying Relationship Staffing Levels Motion To Reopen Motion To Reconsider
dismissed
L-1A
Trucking And Freight Services
The petitioner's initial appeal was rejected as untimely because it was received after the 33-day filing deadline. The subsequent motion to ...
Timeliness Of Appeal Motion To Reopen Requirements Motion To Reconsider Requirements Managerial Capacity
dismissed
L-1A
Educational Development
The appeal was dismissed as moot after the AAO found evidence that the petitioning company's corporate status was 'inactive'. The petitioner...
Managerial Or Executive Capacity New Office Requirements Doing Business Qualifying Relationship
dismissed
L-1A
Sports Management
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
Remodeling And Construction
The appeal was dismissed because the petitioner failed to meet its burden of proof to establish that the beneficiary would be employed in a ...
Managerial Capacity Executive Capacity New Office Extension
sustained
L-1B
Information Technology
The Director initially denied the petition for failing to establish that the beneficiary possessed specialized knowledge. Upon de novo revie...
Specialized Knowledge
dismissed
L-1A
Food Products
The appeal was dismissed because the petitioner, a new office, did not establish that the U.S. operation would support the beneficiary in a ...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity at...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) New Office Requirements
dismissed
L-1A
Human Resources 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 Staffing Levels New Office Extension
dismissed
L-1A
Jewelry Retail
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 (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Staffing Levels Qualifying Organization
dismissed
L-1A
Tattoo Supply / Import-Export
The motion to reconsider was denied because the petitioner failed to establish that the beneficiary would be employed in a qualifying manage...
Managerial Or Executive Capacity
dismissed
L-1B
Information Technology
The motion to reopen was denied. The AAO had previously summarily dismissed the appeal because the petitioner failed to identify a specific ...
Specialized Knowledge Motion To Reopen Requirements
dismissed
L-1A
Religion
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The D...
Qualifying Relationship
remanded
L-1A
Automobile Transport
The AAO reopened the case after the petitioner proved it had timely filed a brief that was not in the record. The appeal was sustained on th...
Managerial Or Executive Capacity One Year Of Continuous Foreign Employment
dismissed
L-1B
Technical Instruments
The Director denied the petition, concluding that the evidence failed to establish that the beneficiary possesses the required 'specialized ...
Specialized Knowledge
dismissed
L-1B
Engineering
The appeal was dismissed because the petitioner failed to overcome the Director's initial findings. The petitioner did not sufficiently demo...
Specialized Knowledge One Year Of Foreign Employment Employment In A Specialized Knowledge Capacity
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 Staffing Levels
dismissed
L-1A
Medical & Energy Equipment
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in a managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity Definition Of Managerial Capacity New Office Requirements
dismissed
L-1A
Automotive Sales
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not submit a brief or...
Qualifying Employment Abroad For One Continuous Year Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact On Appeal
dismissed
L-1A
Gemstones
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The e...
Qualifying Relationship Doing Business Sufficient Physical Premises One Year Of Foreign Employment Managerial Or Executive Capacity
sustained
L-1B
Plastics Molding
The Director denied the petition, finding the petitioner did not establish that the beneficiary's position required specialized knowledge. U...
Specialized Knowledge
remanded
L-1A
Retail Investment
The decision to revoke the petition was withdrawn and the case was remanded because the Director's Notice of Intent to Revoke (NOIR) was pro...
Qualifying Relationship One Year Of Foreign Employment Managerial Or Executive Capacity Procedural Requirements For Revocation (Noir)
dismissed
L-1A
Computer Consulting
The appeal was dismissed because the petitioner failed to meet the regulatory requirements for a new office L-1A petition. Specifically, the...
New Office Sufficient Physical Premises Doing Business Financial Ability Executive Capacity
remanded
L-1A
Dry Cleaning
The appeal was remanded because the Director's denial was procedurally flawed and did not clearly articulate the grounds for denial. The Dir...
Managerial Or Executive Capacity New Office Requirements One Year Of Prior Employment Abroad
dismissed
L-1B
Fashion Design
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 Qualifying Capacity Specialized Knowledge
dismissed
L-1A
Sportswear Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Employment In An Executive Capacity Staffing Levels
dismissed
L-1A
Hotel Operations
The motion to reopen a previously dismissed appeal was denied because the petitioner again failed to establish a qualifying relationship wit...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Restaurant
The AAO agreed to reopen the matter to consider a brief that was previously missing from the record. However, after reviewing the merits, it...
Employment In A Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The evidence provided...
Qualifying Relationship Managerial Or Executive Capacity (U.S. Position) One Year Of Continuous Employment Abroad Managerial Or Executive Capacity (Foreign Position)
sustained
L-1A
Pharmaceutical Consulting
The Director initially denied the petition, concluding the petitioner had not established that the beneficiary would be employed in a qualif...
Employment In An Executive Or Managerial Capacity
dismissed
L-1A
Fiber Export
The motion to reopen and reconsider was denied because the petitioner failed to establish that the previous decision was incorrect. The peti...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Mattress Import
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the United States would be prima...
Managerial Capacity Executive Capacity
dismissed
L-1A
Plastics 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
Business
The appeal was dismissed because consular investigations at two separate claimed addresses for the foreign entity in Russia found no evidenc...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity Foreign Entity Doing Business Willful Misrepresentation
dismissed
L-1A
Fashion
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 Extension
dismissed
L-1A
Grocery
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Qualifying Relationship New Office Extension
dismissed
L-1B
Software And Consulting
The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new Form I-129 petition for the same benefic...
Mootness
dismissed
L-1A
Art Education
The appeal was dismissed as moot because the petitioner had filed a second, separate L-1A petition for the same beneficiary which was subseq...
Qualifying Relationship
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge as required for the...
Specialized Knowledge
dismissed
L-1A
Export
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 Beneficiary'S Duties New Office Extension Requirements Financial Status
dismissed
L-1A
Weather Instruments
The motion to reconsider was denied because the petitioner failed to demonstrate an error of law or fact in the prior decision. The AAO reit...
Managerial Capacity Staffing Levels Professional Status Of Subordinates
dismissed
L-1A
Garment Distribution
The appeal was dismissed as moot. Although the Director initially denied the petition for failing to establish the beneficiary would be empl...
Managerial Or Executive Capacity New Office Petition
dismissed
L-1B
Financial Technology
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 Proposed U.S. Employment In A Specialized Knowledge Capacity
sustained
L-1B
Football Data Analysis
The Director denied the petition, concluding the beneficiary was an independent contractor based on irregular payment methods and invoices r...
One Year Of Continuous Employment Abroad Employer-Employee Relationship Vs. Independent Contractor
dismissed
L-1A
Automated Payment Systems
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. employment would be in a primarily ...
Executive Capacity Managerial Capacity New Office Requirements Staffing Levels Job Duties
dismissed
L-1B
Financial Technology
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
dismissed
L-1B
Financial Software
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required 'specialized knowledge.' The...
Specialized Knowledge
dismissed
L-1A
Dog Breeding
The appeal was dismissed because the petitioner, a new office, failed to establish it had secured sufficient physical premises to operate it...
Sufficient Physical Premises For A New Office Employment In An Executive Capacity
dismissed
L-1A
Restaurant
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 Staffing Levels New Office Extension
dismissed
L-1A
Shipping Logistics
The motion to reopen was denied because it was filed untimely. The AAO served its unfavorable decision on the initial appeal on January 19, ...
Timely Filing Of A Motion
dismissed
L-1A
Retail Management
The motions to reopen and reconsider were denied because they failed to address the reason for the initial summary dismissal of the appeal. ...
Motion To Reopen Motion To Reconsider Summary Dismissal Of Appeal
dismissed
L-1A
Food And Beverage
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying executive capacity abr...
Employment Abroad In An Executive Capacity Ability Of New Office To Support An Executive Position
dismissed
L-1A
Food Manufacturing
The appeal was dismissed because the petitioner failed to establish it was 'doing business' for the previous year, a requirement for extendi...
Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Clothing Retail
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 Job Duties New Office Requirements Staffing Levels
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required specialized knowledge. The D...
Specialized Knowledge Special Knowledge Advanced Knowledge
sustained
L-1B
Software Development
The appeal was sustained because the Petitioner provided detailed, consistent, and credible explanations and evidence of the Beneficiary's s...
Specialized Knowledge Prior Employment In A Specialized Knowledge Capacity Proposed Employment In A Specialized Knowledge Capacity
dismissed
L-1A
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was in a capacity involving spe...
Specialized Knowledge Qualifying Foreign Employment
sustained
L-1B
Mobile Security Technology
The appeal was sustained because the petitioner provided detailed, consistent, and credible evidence of the beneficiary's 13 years of progre...
Specialized Knowledge Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
L-1A
Electronics Retail
The appeal was dismissed because the record did not establish that the beneficiary would be employed primarily in a managerial or executive ...
Executive Capacity Managerial Capacity Staffing Levels Job Duties New Office Requirements
dismissed
L-1B
Computer Technology
The Director denied the petition, finding the petitioner failed to establish that the beneficiary possessed specialized knowledge, had been ...
Specialized Knowledge Advanced Knowledge Labor For Hire
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner, a new ice cream shop, did not establish that the new office would be able to support a mana...
Managerial Or Executive Capacity New Office Requirements Ability To Support A Manager/Executive Within One Year Staffing Levels First-Line Supervisor
sustained
L-1B
Software Solutions
The appeal was sustained because the petitioner provided sufficient new evidence on appeal that substantiated its claims. This evidence, inc...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Employment In The U.S. In A Specialized Knowledge Capacity
dismissed
L-1A
Furniture
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or exec...
Managerial Or Executive Capacity Staffing Levels Job Duties New Office Extension Requirements Financial Status
dismissed
L-1A
Cultural Exchange Services
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
Electronic Payments
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be primarily employed in an executive capacit...
Executive Capacity Job Duties Staffing New Office Provisions
dismissed
L-1A
Clothing Wholesale
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 Capacity (U.S. Position) Managerial Capacity (Foreign Position)
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship New Office Requirements Managerial Or Executive Capacity Sufficient Physical Premises
dismissed
L-1A
Cleaning Services
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
sustained
L-1A
Finance
The appeal was sustained because the petitioner provided new evidence that overcame the initial grounds for denial. The petitioner successfu...
Managerial Capacity Executive Capacity Function Manager Employment Abroad Organizational Structure
sustained
L-1A
Logistics
The appeal was sustained because the AAO found that the petitioner sufficiently addressed the Director's concerns regarding the beneficiary'...
Executive Capacity Sufficient Staffing New Office Extension Requirements
dismissed
L-1B
Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required specialized knowledge. The p...
Specialized Knowledge Special Knowledge Of Company Product/Service Advanced Knowledge Of Processes/Procedures
dismissed
L-1A
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 New Office Extension Requirements Staffing Levels Beneficiary'S Job Duties
dismissed
L-1A
Spa Management
The motion to reconsider was denied because the petitioner failed to demonstrate that the prior decision was based on an incorrect applicati...
Managerial Or Executive Capacity
dismissed
L-1A
Real Estate Development
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 Qualifying Relationship Ability To Support Managerial/Executive Position (New Office)
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying executive capac...
Employment Abroad In An Executive Capacity Qualifying Relationship With Foreign Employer Ability Of A New Office To Support A Managerial/Executive Position
sustained
L-1A
Educational Software
The Director denied the petition, finding that the beneficiary would not be employed in a primarily executive capacity due to the small staf...
Executive Capacity Staffing Levels New Office Extension Qualifying Relationship
dismissed
L-1A
Construction
The petition was initially denied because the record did not establish that the Beneficiary would be employed in a primarily managerial or e...
Managerial Capacity Executive Capacity Staffing Levels New Office Extension
dismissed
L-1A
Air Cargo
The appeal was dismissed because the petitioner failed to establish that the Beneficiary was employed abroad in a primarily managerial capac...
Managerial Capacity Supervision Of Professional Employees Function Manager
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish two key requirements for a 'new office' L-1A petition. The petitioner di...
New Office - Physical Premises New Office - Ability To Support Manager
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 capacit...
Managerial Capacity Executive Capacity New Office Extension Requirements Job Duties Staffing Levels
dismissed
L-1A
Sports Management
The motion to reopen and reconsider was denied because the petitioner failed to establish that the beneficiary would be employed in a primar...
Managerial Capacity Executive Capacity
dismissed
L-1A
Aviation Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Managerial Capacity Duties Performed Staffing
dismissed
L-1A
Beverage Distribution
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a primarily executive capacity...
Executive Capacity (U.S. Position) Executive Capacity (Foreign Position) Job Duties Staffing And Organizational Structure
dismissed
L-1A
Plumbing Supplies
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 Personnel Manager Function Manager Job Duties Staffing Levels
dismissed
L-1B
Information Technology
The appeal was dismissed because the AAO concurred with the Director's denial of the motion to reconsider. The petitioner failed to provide ...
Specialized Knowledge One Year Of Foreign Employment Doing Business Abroad Qualifying Relationship New Office Requirements
dismissed
L-1A
Grocery 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 Staffing Levels New Office Extension Requirements
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