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 70 of 258
dismissed
L-1A
Clothing And Fabrics Distribution
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in an executive capacity. The su...
Executive Capacity Job Duties Organizational Structure Staffing Levels
remanded
L-1A
Transportation Services
The AAO found that the Director erred by overlooking evidence of the petitioner's current staffing levels, which supported the beneficiary's...
Executive Capacity Qualifying Relationship Parent-Subsidiary Relationship New Office
dismissed
L-1A
Lumber Export
The motion to reconsider was denied, upholding the previous dismissal, because the petitioner failed to establish that the beneficiary was e...
Managerial Capacity Abroad Executive Or Managerial Capacity In The U.S. New Office Requirements Function Manager Job Duties Organizational Structure And Staffing
dismissed
L-1A
Dry Cleaning
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial or e...
Managerial Capacity Executive Capacity New Office Requirements Proposed Job Duties
dismissed
L-1A
Real Estate Investment
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed primarily in an executive capacity. Th...
Executive Capacity Job Duties Organizational Structure
dismissed
L-1A
Hotel Management / Construction
The motion to reconsider was denied because the petitioner's original appeal was correctly dismissed. The petitioner failed to file the appe...
Managerial Or Executive Capacity Procedural Requirements For Motion To Reconsider Procedural Requirements For Filing An Appeal Brief
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 Capacity Executive Capacity
remanded
L-1A
It Services
The Director's decision was withdrawn because the AAO found that a qualifying parent-subsidiary relationship was established, contrary to th...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capa...
Managerial Or Executive Capacity (Us Position) Managerial Or Executive Capacity (Foreign Position) Doing Business Abroad Sufficient Physical Premises New Office Requirements
dismissed
L-1A
Transportation
The appeal was dismissed because the petitioner failed to establish that the beneficiary accrued the required one year of continuous employm...
One Year Of Continuous Employment Abroad Employment In A Managerial Or Executive Capacity
dismissed
L-1A
Management Consulting
The appeal was dismissed because the petitioner failed to establish that its new office would be able to support the beneficiary in a manage...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Managerial Or Executive Position Within One Year Sufficient Physical Premises Business Plan Organizational Structure Financial Investment
dismissed
L-1A
Pet Supplies
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 Duties Performed
dismissed
L-1B
Projection Systems
The motion to reopen and reconsider was denied because the petitioner failed to establish that the beneficiary possesses specialized knowled...
Specialized Knowledge New Office Physical Premises Motion To Reopen Motion To Reconsider
dismissed
L-1A
Clothing Distribution
The motion to reopen and reconsider was denied because the petitioner failed to establish the beneficiary had the required one year of conti...
One-Year Foreign Employment New Office Requirements Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Makeup Services
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
dismissed
L-1A
Recycled Electronics
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Executive Capacity Managerial Capacity Staffing Levels New Office Extension
dismissed
L-1A
Clothing Wholesale
The appeal was dismissed, and a subsequent motion was denied because the petitioner failed to establish a qualifying relationship with the b...
Qualifying Relationship Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
L-1A
International Trade
The appeal was dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss and Request for Evid...
Qualifying Relationship Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (Us) Abandonment
dismissed
L-1A
Fabric And Garment Sales
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a qualifying managerial or execu...
Managerial Capacity Executive Capacity Job Duties
dismissed
L-1B
Data Mining
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge. The Director found...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Employment In The Us In A Specialized Knowledge Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the new office would support a managerial or executive position wit...
Managerial Or Executive Capacity New Office Requirements Staffing Levels
dismissed
L-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required specialized knowledge. The p...
Specialized Knowledge Employment Abroad In Specialized Knowledge Capacity Proposed Employment In Specialized Knowledge Capacity
dismissed
L-1A
Software Services
The appeal was dismissed because the Petitioner failed to establish that its new office would support the Beneficiary in an executive positi...
Executive Capacity New Office Requirements
dismissed
L-1A
Cashew Trading
The appeal was dismissed because the petitioner failed to establish that the new office would support the beneficiary in a primarily manager...
Managerial Capacity New Office Requirements Job Duties Business Plan Projected Staffing 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 Job Duties Organizational Structure Staffing Levels New Office Requirements
dismissed
L-1B
Machine Tools
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
sustained
L-1A
Software Development
The initial approval was revoked after the Director determined there was insufficient evidence that the Beneficiary would be employed in a m...
Managerial Capacity Supervision Of Professional Subordinates
dismissed
L-1A
Retail
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner stated that a brief or addi...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
sustained
L-1A
Software Solutions
The appeal was sustained because the petitioner established that the beneficiary would be employed in a qualifying executive capacity. The A...
Managerial Or Executive Capacity Doing Business New Office Petition Extension
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the evidence demonstrated that the Beneficiary was primarily engaged in non-qualifying, operational-level t...
Managerial Capacity Executive Capacity Doing Business New Office Extension Requirements
dismissed
L-1A
Wholesale And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Beneficiary'S Job Duties Staffing Levels New Office Extension
sustained
L-1A
Hotel Management
The appeal was sustained because upon de novo review, the AAO found that the Petitioner did establish by a preponderance of the evidence tha...
Managerial Or Executive Capacity One Year Of Qualifying Employment Abroad
dismissed
L-1A
Trucking
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capa...
Qualifying Relationship One Year Of Employment Abroad Employment Abroad In A Managerial Or Executive Capacity Proposed U.S. Employment In A Managerial Or Executive Capacity Function Manager
dismissed
L-1A
Fish Farm
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed primarily in an executive capacity at ...
Executive Capacity Job Duties Staffing Levels New Office Extension
sustained
L-1A
Restaurant
The appeal was sustained because the petitioner provided sufficient evidence on appeal to overcome the director's denial. The petitioner sub...
Managerial Or Executive Capacity One Year Of Prior Employment Abroad
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Sufficient Staffing Job Duties New Office Extension Foreign Entity Doing Business
dismissed
L-1A
Website Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Job Duties Staffing Levels
dismissed
L-1A
Food Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capa...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Spa And Pool Sales
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 (Abroad) New Office Requirements
remanded
L-1A
Stone And Granite Distribution
The Director's decision was withdrawn because it improperly applied the legal standards for an initial new office petition rather than those...
Managerial Or Executive Capacity New Office Extension Requirements Staffing Levels Beneficiary'S Daily Job Duties
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner failed to demonstrate that the new office would support a managerial or executive position w...
Managerial Or Executive Capacity New Office Requirements Sufficient Physical Premises Ability To Support Managerial/Executive Position Within One Year Beneficiary'S Job Duties Staffing And Organizational Structure
dismissed
L-1A
Art, Film, And Real Estate
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 Requirements For A New Office Beneficiary'S Proposed Job Duties Business Plan And Staffing Projections
dismissed
L-1A
Gps Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Executive Capacity Job Duties Organizational Structure New Office Extension
sustained
L-1A
Clothing Wholesale
The Director revoked the petition, finding that the Beneficiary would not be employed in a qualifying executive capacity due to concerns ove...
Executive Capacity Staffing Levels Salary Discrepancy
dismissed
L-1A
Construction
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 Managerial Capacity Staffing Levels Job Duties
sustained
L-1A
Television Production
The appeal was sustained because the petitioner established that the beneficiary was employed abroad and would be employed in the U.S. in a ...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
L-1A
Management Consulting & Trade
The motion was denied, and the underlying appeal was dismissed, because the Petitioner failed to establish that the Beneficiary would be emp...
Managerial Or Executive Capacity Staffing Levels Beneficiary'S Day-To-Day Duties Organizational Structure Subordinate Staff Roles
dismissed
L-1A
Food Trading
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed primarily in an executive capacity....
Executive Capacity Managerial Capacity New Office Extension Staffing Levels Beneficiary'S Duties
dismissed
L-1A
Software Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Employment Abroad In A Managerial Or Executive Capacity Qualifying Relationship New Office Requirements
dismissed
L-1A
Freight Forwarding
The motion was denied because the petitioner improperly attempted to change the proffered position from executive to managerial, which const...
Managerial Or Executive Capacity Qualifying Relationship Staffing Levels
dismissed
L-1B
Architecture
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge as required for the...
Specialized Knowledge Employment Abroad
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the U.S. would be primarily mana...
Managerial Capacity Executive Capacity Supervision Of Personnel Job Duties Analysis
dismissed
L-1A
Agricultural Trade
The appeal was dismissed because the AAO agreed with the Director's determination that the petitioner was a 'new office.' The petitioner fai...
New Office Requirements Managerial Or Executive Capacity (U.S. Position) Ability Of New Office To Support Position Managerial Or Executive Capacity (Foreign Position)
sustained
L-1B
Cloud Computing
The Director initially denied the petition for failing to establish that the beneficiary's knowledge was sufficiently special or advanced co...
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Employment In The U.S. In A Specialized Knowledge Capacity
dismissed
L-1A
Digital Marketing
The appeal was dismissed because the petitioner failed to establish that the new office would support a managerial position within one year....
Managerial Or Executive Capacity New Office Requirements Sufficient Physical Premises Staffing Levels
dismissed
L-1A
Restaurant
The motion to reopen and reconsider a previously dismissed appeal was denied. The petitioner, a new office, failed to establish it had been ...
Doing Business For Previous Year (New Office Extension) Employment In Executive Capacity
dismissed
L-1A
Software Consulting
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 Proposed U.S. Employment In A Managerial Capacity Definition Of Managerial Capacity Personnel Manager Vs. Function Manager Nature Of Job Duties
dismissed
L-1A
Sports Management
The motion was denied, upholding the prior dismissal of the appeal, because the petitioner failed to establish that the beneficiary would be...
Managerial Capacity Executive Capacity Function Manager
dismissed
L-1B
Digital Advertising
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required 'specialized knowledge.' The...
Specialized Knowledge Special Knowledge Of Company Product Advanced Knowledge Of Company Processes
dismissed
L-1A
Telecommunications
The appeal was dismissed because the beneficiary had resided in the United States in F-1 student status for nearly three years prior to the ...
One Year Continuous Employment Abroad
dismissed
L-1A
Commercial Design
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in an executive capacity. The su...
Employment In An Executive Capacity Job Duties Staffing Levels
dismissed
L-1A
Wholesale Distribution
The motion to reopen a previously dismissed appeal was denied. The petitioner failed to establish that the beneficiary would be employed pri...
Managerial Capacity Job Duties Subordinate Staff Use Of Independent Contractors Evidence Of New Facts
dismissed
L-1A
Spa Services
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-1B
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge. The director initi...
Specialized Knowledge
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a specialized knowledge capa...
Specialized Knowledge One Year Of Qualifying Employment Abroad
dismissed
L-1B
Mortgage And Lending Services
The motion to reopen and reconsider was dismissed because the petitioner failed to overcome the primary grounds for the initial denial. The ...
Qualifying Relationship Specialized Knowledge Doing Business
dismissed
L-1B
Decorative Stonework
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be employed in a specialized know...
Specialized Knowledge
sustained
L-1B
Engineering
The appeal was sustained because upon de novo review, the AAO found that the petitioner provided sufficient evidence to establish the benefi...
Specialized Knowledge Advanced Knowledge Position Requiring Specialized Knowledge
dismissed
L-1A
Food Import/Wholesale
The appeal was dismissed because the petitioner, a new office, failed to establish that the beneficiary would be employed in a primarily exe...
New Office Requirements Executive Capacity Beneficiary'S Duties Organizational Structure Financial Ability To Support Position
dismissed
L-1A
Hospitality
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 Job Duties New Office Extension Requirements
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 Prior Foreign Employment
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialized knowledge capaci...
Specialized Knowledge Prior Employment Abroad Beneficiary'S Qualifications (Education, Training, Employment) Offsite Placement Requirements
dismissed
L-1B
Cloud Software
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required 'specialized knowledge.' The...
Specialized Knowledge Special Knowledge Of The Company Product Advanced Level Of Knowledge Of Processes And Procedures
dismissed
L-1A
Sporting Goods
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 Staffing Levels Job Duties Analysis
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be primarily employed in a managerial or exec...
Managerial Capacity Executive Capacity Staffing Levels Job Duties
dismissed
L-1A
Furniture Design
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a qualifying executive capacity....
Executive Capacity Staffing Levels Organizational Structure New Office Extension
dismissed
L-1A
Real Estate
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 Staffing Levels Job Duties New Office Petition Extension
dismissed
L-1A
Technology
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a managerial or executive positio...
New Office Requirements Managerial Or Executive Capacity Business Plan Duties And Staffing
dismissed
L-1B
Food Production
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required 'specialized knowledge'. The...
Specialized Knowledge Special Knowledge Of Company Product Advanced Knowledge Of Company Processes And Procedures
remanded
L-1A
Clothing Manufacturing
The Director's initial denial, based on the lack of a qualifying corporate relationship, was withdrawn. However, the appeal was remanded bec...
Qualifying Relationship Employment Abroad In A Managerial/Executive Capacity Proposed U.S. Employment In A Managerial/Executive Capacity
dismissed
L-1A
Import/Export
The motion to reconsider was denied, upholding the dismissal of the appeal. The petitioner failed to establish that the beneficiary was empl...
Managerial/Executive Capacity (Abroad) One Year Full-Time Employment Abroad Qualifying Relationship New Office Viability
dismissed
L-1A
Lighting Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executiv...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) New Office Requirements Sufficient Physical Premises
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The r...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Hotel And Accommodations
The appeal was dismissed because the petitioner failed to establish that it had been "doing business" for the previous year, a key requireme...
Doing Business Managerial Or Executive Capacity Sufficient Physical Premises
dismissed
L-1A
Scrap Metal And Plastic 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 Beneficiary'S Job Duties Staffing New Office Requirements
dismissed
L-1A
Food Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive or mana...
Executive Capacity Managerial Capacity Job Duties Description Staffing Levels
dismissed
L-1A
Marketing
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 New Office Extension
remanded
L-1A
Real Estate
The appeal was remanded because the Director incorrectly applied the 'new office' regulatory provisions, as the petitioner had been operatin...
Managerial Or Executive Capacity New Office Requirements Qualifying Employment Abroad
dismissed
L-1A
Lumber Export
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship with the beneficiary's foreign emplo...
Qualifying Relationship Affiliate Relationship Common Ownership And Control
dismissed
L-1B
Technology
The appeal was dismissed because the petitioner failed to establish a qualifying 'affiliate' relationship between the U.S. company and the f...
Qualifying Relationship One Year Of Foreign Employment
dismissed
L-1A
Oil And Gas
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises to house the new office at t...
Sufficient Physical Premises For A New Office Ability Of New Office To Support A Managerial/Executive Position Continuation Of Business By Foreign Entity Temporary Nature Of U.S. Employment
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Job Duties New Office Extension
dismissed
L-1A
Manufacturing
The appeal was summarily dismissed on procedural grounds. The Petitioner filed an appeal but failed to submit a brief or any statement that ...
Failure To Identify Specific Error Of Law Or Fact
dismissed
L-1A
Real Estate
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 Job Duties Staffing Levels New Office Extension Requirements
dismissed
L-1A
Restaurant/Property Management
The appeal was summarily dismissed because the petitioner failed to specifically identify an erroneous conclusion of law or statement of fac...
Beneficiary Employed Abroad In A Managerial/Executive Capacity New Office Ability To Support A Managerial/Executive Position
dismissed
L-1A
Spa Services
The motion to reconsider was denied because it did not satisfy the applicable requirements. The petitioner failed to state the reasons for r...
Motion To Reconsider Requirements
dismissed
L-1A
Oil And Gas
The motion to reopen/reconsider was denied, upholding the previous dismissal of the appeal. The petitioner failed to establish it had secure...
Physical Premises For New Office Managerial Or Executive Capacity New Office Requirements Motion To Reopen/Reconsider
dismissed
L-1A
Food Management
The appeal was dismissed because the petitioner failed to establish that its new office would be able to support a managerial or executive p...
Managerial Or Executive Capacity New Office Requirements Support For Managerial/Executive Position Within One Year Business Plan Plausibility
dismissed
L-1B
Cloud Computing
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required 'specialized knowledge.' The...
Specialized Knowledge Prior Employment In Specialized Knowledge Capacity Proposed Employment In Specialized Knowledge Capacity Employer Control
sustained
L-1A
Finance/Accounting
The appeal was sustained because the petitioner successfully overcame the grounds for denial by clarifying the beneficiary's prior employmen...
Managerial Capacity Employment Abroad
Turn fresh precedent into a stronger draft
MeritDraft uses recent AAO decisions to help attorneys and self-petitioners draft better O-1 and NIW arguments faster.
Start Free Trial →