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 75 of 258
remanded
L-1A
Furniture Design
The appeal was remanded because the Director made a procedural error by evaluating the petitioner's eligibility based on the wrong timeframe...
Managerial Or Executive Capacity New Office Extension Requirements Staffing Levels Timing Of Eligibility Revocation Authority
dismissed
L-1A
Business Management
The appeal was dismissed as moot. The Beneficiary had already obtained permanent resident status through a separate process after the appeal...
Managerial Or Executive Capacity
dismissed
L-1A
Floor Cleaning Services
The combined motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not submit any relevant n...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Requirements For Extending A New Office Petition Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1A
Pipeline Leak Detection
The motion to reopen was dismissed because the petitioner failed to establish that the untimeliness of a prior motion was reasonable and bey...
Motion To Reopen Requirements Timeliness Of Motion New Facts And Evidence
sustained
L-1A
Information Technology
The appeal was sustained because the AAO found sufficient evidence to establish a qualifying relationship between the U.S. petitioner and th...
Qualifying Relationship
dismissed
L-1A
Commodity Trading
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary's proposed U.S. employment would be primarily in ...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment Personnel Manager Organizational Structure
dismissed
L-1A
Water Treatment
The appeal was dismissed because the petitioner failed to provide sufficient evidence to demonstrate that its U.S. office had been doing bus...
Doing Business For At Least One Year Three Or More Branches, Subsidiaries, Or Affiliates Qualifying Relationships Commercial Trade Or Services
remanded
L-1A
Business Operations
The appeal was remanded because while the petitioner successfully established that the beneficiary's proposed U.S. position qualifies as man...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) One Year Of Qualifying Employment Abroad
dismissed
L-1B
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required specialized knowledge. The p...
Specialized Knowledge Special Knowledge Advanced Knowledge
dismissed
L-1A
Convenience Store
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Employment Abroad In An Executive Capacity Proposed Employment In An Executive Capacity New Office Requirements
remanded
L-1A
Fast Food
The AAO found that the petitioner successfully established the beneficiary's proposed U.S. role qualifies as a managerial capacity. However,...
Managerial Capacity (Us Position) Managerial Capacity (Foreign Position) One Year Of Qualifying Employment Abroad
dismissed
L-1A
Home Furnishings
The appeal was dismissed because the petitioner failed to establish that the new office would employ the beneficiary in a primarily manageri...
Managerial Capacity New Office Requirements Ability To Support The Position
dismissed
L-1A
Heavy Equipment Supply
The motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts or evidence to overcome the prior decis...
Managerial Or Executive Capacity New Office Requirements Qualifying Relationship One Year Of Foreign Employment
dismissed
L-1A
Retail
The motion was dismissed because the petitioner failed to establish that the beneficiary was employed primarily in a qualifying executive ca...
Executive Capacity (Foreign Employment) Managerial Capacity (Foreign Employment) New Office Petition
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required specialized knowledge. The p...
Specialized Knowledge Special Knowledge Advanced Knowledge
dismissed
L-1A
Automobile Trading
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a qualifying managerial capacity...
Managerial Capacity (Abroad) New Office Requirements
dismissed
L-1A
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Personnel Manager Supervision Of Subordinate Staff
dismissed
L-1A
Childcare
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The s...
Qualifying Relationship Managerial Or Executive Capacity
sustained
L-1A
Information Technology
The appeal was sustained because the petitioner provided additional evidence and arguments on appeal that successfully established the benef...
Managerial Capacity Executive Capacity Function Manager Personnel Manager
dismissed
L-1A
Consumer Goods/Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was primarily in a managerial c...
Employment Abroad In A Managerial Capacity New Office Requirements Definition Of Managerial Capacity
dismissed
L-1A
Cannabinoid Medicine
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence as required. The petitioner's legal brief ...
Motion To Reopen Requirements Lawful Business Activity Under Federal Law Employment Abroad In A Managerial Or Executive Capacity
remanded
L-1A
Software Engineering
The Director denied the petition, concluding the petitioner did not establish the beneficiary would be employed in an executive capacity, ci...
Executive Capacity Managerial Capacity Organizational Structure Subordinate Roles
dismissed
L-1A
Health Food/Herbal Medicine
The appeal was dismissed because the petitioner failed to challenge all of the Director's grounds for denial. The Director denied the petiti...
Sufficient Physical Premises Employment Abroad In A Managerial Or Executive Capacity New Office Support For A Managerial Or Executive Position
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was primarily employed in a managerial capacity abr...
Managerial Capacity (Abroad) Job Duties
sustained
L-1A
Food Industry
The appeal was sustained because the petitioner provided sufficient evidence to establish that the beneficiary was employed abroad and would...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Function Manager Personnel Manager
dismissed
L-1A
Herbal Medicine
Although a procedural motion was granted, the underlying appeal remained dismissed. The petitioner failed to resolve significant inconsisten...
Managerial Or Executive Capacity Job Duties Staffing Evidence Credibility
dismissed
L-1A
Financial Services
The appeal was dismissed as moot. After the appeal was filed, the Beneficiary was approved for another L-1A visa for the same petitioner cov...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The United States
dismissed
L-1A
Plastics And Scrap Metal
The motions were dismissed on procedural grounds. The motion to reopen failed to state new facts or provide supporting evidence, while the m...
Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Furniture Retail
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 Function Manager
sustained
L-1A
Engineered Products
The appeal was sustained because the petitioner successfully established that the beneficiary would be employed in a managerial capacity. Th...
Managerial Capacity Function Manager
remanded
L-1A
Software Development
The Director's decision was withdrawn and the case was remanded because the Director failed to address the petitioner's alternative claim th...
Employment Abroad In A Managerial Or Executive Capacity Employment Abroad In A Specialized Knowledge Capacity
dismissed
L-1A
E-Commerce Shipping And Logistics
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship
remanded
L-1A
Manufacturing
The Director revoked the petition's approval, arguing that the petitioner was not 'doing business' as defined in the regulations because it ...
Doing Business Qualifying Organization Revocation Authority
sustained
L-1A
Software Engineering
The appeal was sustained because the AAO found the petitioner submitted sufficient evidence to overcome the Director's findings. The AAO con...
Specialized Knowledge (Abroad) Managerial Capacity (U.S.)
dismissed
L-1A
Automotive Wholesale
The motions to reopen and reconsider were dismissed because the petition became moot. After the motions were filed, the petitioner company w...
Managerial Or Executive Capacity New Office Qualifying Relationship Bona Fide Job Offer
dismissed
L-1A
Trucking
The Director initially denied the petition because the Petitioner did not establish the Beneficiary would be employed in a managerial or exe...
Managerial Or Executive Capacity Doing Business
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
U.S. Employment In An Executive Capacity Employment Abroad In An Executive Capacity Job Duties
dismissed
L-1A
Retail Grocery
The appeal was dismissed because the petitioner, though newly incorporated, was deemed a continuation of a prior L-1A new office which had b...
New Office Requirements Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Manufacturing
The appeal was dismissed as moot. After the appeal was filed, the Beneficiary's application for permanent residence (Form I-485) was approve...
Managerial Or Executive Capacity
dismissed
L-1A
Food And Beverage
The motion to reconsider was rejected as untimely. It was filed 104 days after the AAO's appeal decision, which is beyond the 30-day regulat...
Timely Filing Of Motion Managerial/Executive Capacity Abroad Managerial/Executive Capacity In A New Office
dismissed
L-1A
Software Development
The AAO issued a notice of intent to dismiss (NOID) after discovering information suggesting the beneficiary was deceased. The petitioner fa...
Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner, a new office, failed to prove it had secured sufficient physical premises at the time of fi...
New Office Sufficient Physical Premises Revocation For Untrue Statements
dismissed
L-1A
Investment Management
The appeal was dismissed because the issue was considered moot. Subsequent to the filing of the appeal, the Beneficiary obtained lawful perm...
Managerial Or Executive Capacity New Office Requirements
dismissed
L-1B
Artificial Intelligence
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses the required specialized knowledge. The p...
Specialized Knowledge Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
L-1A
Art Framing
The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior AAO decision misapplied law or policy. Th...
Motion To Reconsider Criteria Timeliness Of Motion Qualifying Organization Doing Business Executive Capacity
dismissed
L-1A
Restaurant
The motion was dismissed because the petitioner failed to demonstrate an error of fact, law, or policy in the prior decision. The petitioner...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Duties Of Subordinates New Office Requirements
dismissed
L-1A
Dry Cleaning
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for one continuous year within ...
One Year Of Continuous Employment Abroad Managerial Or Executive Capacity Abroad
sustained
L-1A
Software Services
The appeal was sustained because the Director incorrectly concluded that the beneficiary had reached her five-year maximum period of stay. T...
Maximum Period Of Stay Change Of Status From L-1B To L-1A 8 C.F.R. § 214.2(L)(12)(I) 8 C.F.R. § 214.2(L)(15)(Ii) Timeliness Of Amendment Petition
dismissed
L-1A
Sports Management And Marketing
The motion to reopen and reconsider was dismissed because the petitioner failed to establish a qualifying relationship at the time the petit...
Qualifying Relationship New Office Requirements Managerial Or Executive Capacity (Abroad)
dismissed
L-1A
Consulting Services
The appeal was rejected because it was improperly filed. The petitioner attempted to appeal a previous decision from the Administrative Appe...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Appellate Jurisdiction
remanded
L-1A
Manufacturing
The Director's decision was withdrawn and the case remanded because the initial denial was based on an incomplete analysis. The Director con...
Managerial Capacity Executive Capacity New Office Requirements Supervision Of Personnel Organizational Structure
dismissed
L-1A
Financial Investment
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity
dismissed
L-1B
Business Analytics
The appeal was dismissed because the petitioner failed to establish that the beneficiary possesses specialized knowledge. The petitioner did...
Specialized Knowledge Special Knowledge Advanced Knowledge
dismissed
L-1A
General Merchandising
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Managerial Capacity (Abroad) Managerial Capacity (U.S.) New Office
dismissed
L-1A
Non-Profit Fundraising
The appeal was dismissed because the Petitioner did not establish that the Beneficiary would be employed in a primarily managerial capacity ...
Employment In A Managerial Capacity
dismissed
L-1A
Event Management
The motion to reopen and reconsider was dismissed because the petitioner failed to offer new facts or establish that the prior adverse decis...
Managerial Or Executive Capacity Organizational Structure Job Duties Management Of Professional Employees
sustained
L-1A
Marketing
The appeal was sustained because the petitioner provided sufficient clarifying evidence on appeal. The petitioner successfully demonstrated ...
Managerial Capacity Executive Capacity Primary Duties Analysis Distinction From Subordinates
dismissed
L-1A
Lighting Products
The motion to reconsider was dismissed because the petitioner did not contest the prior conclusion that the beneficiary would not be employe...
Executive Capacity New Office Requirements Doing Business Financial Ability To Support Position Maintenance Of Nonimmigrant Status Jurisdiction On Appeal
dismissed
L-1A
Business Consulting
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusions of law or statements of ...
Employment Abroad In A Managerial Or Executive Capacity Proposed U.S. Employment In A Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish the beneficiary had one continuous year of qualifying employment abroad,...
One Year Continuous Employment Abroad Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Lighting Products
The motion to reconsider was dismissed because the petitioner did not contest the original finding that the beneficiary was ineligible for t...
Motion To Reconsider Requirements Aao Jurisdiction Extension Of Stay Maintenance Of Status Executive Capacity
dismissed
L-1A
Manufacturing
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 New Office Extension
dismissed
L-1A
Manufacturing
The motion was dismissed because the petitioner failed to meet the requirements for a motion to reopen or reconsider. The petitioner did not...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements Timely Filing Of Motion
sustained
L-1A
Airline Sales
The appeal was sustained because the AAO found the petitioner provided sufficient evidence to establish the beneficiary met the definition o...
Employment Abroad In A Managerial Capacity Employment In The U.S. In A Managerial Capacity Function Manager
remanded
L-1A
Business Management
The case was remanded because the Director's denial was procedurally flawed. The Director overlooked evidence submitted by the petitioner an...
Managerial/Executive Capacity (U.S. Employment) Managerial/Executive Capacity (Foreign Employment) New Office Requirements
dismissed
L-1A
Research And Intelligence
The Director revoked the petition after a site visit indicated the Beneficiary was not primarily employed in a managerial or executive capac...
Managerial Or Executive Capacity Response To Notice Of Intent To Revoke (Noir)
dismissed
L-1A
Furniture
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 Organizational Structure Job Duties
sustained
L-1A
Management
The appeal was sustained because the petitioner provided sufficient evidence, including new evidence on appeal, to overcome the Director's d...
One Year Continuous Foreign Employment Employment In A Managerial Or Executive Capacity New Office Requirements
sustained
L-1B
Engineering
The Director denied the petition for failing to establish that the beneficiary possessed specialized knowledge. The appeal was sustained bec...
Specialized Knowledge Qualifications For The Position Labor For Hire
dismissed
L-1A
Stone Trading
The appeal was dismissed because the Petitioner failed to establish the Beneficiary had one continuous year of qualifying employment abroad....
One Year Continuous Employment Abroad Employment Abroad In A Managerial Or Executive Capacity Sufficient Physical Premises For New Office New Office Ability To Support A Managerial Or Executive Position
dismissed
L-1A
Restaurant
The motion to reopen and reconsider was dismissed because the prior motion was filed untimely, 93 days after the decision was issued, exceed...
Timeliness Of Motion To Reopen Timeliness Of Motion To Reconsider Reasonable Cause For Delay
dismissed
L-1A
Retail
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
dismissed
L-1A
Trucking
The motion to reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not demonstrate that the pr...
Managerial Or Executive Capacity Doing Business Motion To Reconsider Requirements
dismissed
L-1A
Retail
The motion to reconsider was dismissed because the AAO found the petitioner was ineligible to file a 'new office' petition. The petitioner, ...
New Office Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1B
Biotechnology Equipment
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
remanded
L-1A
Herbal Medicine Exporter
The motion to reconsider was granted and the case remanded due to procedural errors by USCIS. The Notice of Intent to Revoke (NOIR) failed t...
Managerial Or Executive Capacity Revocation On Notice Motion To Reopen Motion To Reconsider
dismissed
L-1A
International Trade
The motion to reopen and reconsider was dismissed because the petitioner failed to establish the prior decision was based on an incorrect ap...
Executive Capacity Job Duties Staffing Organizational Structure
dismissed
L-1A
Software
The appeal was dismissed as moot. The petitioner filed a second, separate petition on the beneficiary's behalf which was approved, granting ...
Managerial Or Executive Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the one-year foreign employment requirement. Th...
One Year Of Employment Abroad Managerial Or Executive Capacity Qualifying Relationship New Office Requirements
remanded
L-1A
Steel Manufacturing
The Director's denial of the blanket L extension was deemed premature because it was based on a pending revocation proceeding for the initia...
Blanket L Petition Extension Requirements Continued Eligibility For Blanket Petition Report Of Admissions Revocation Due To Non-Use For Three Consecutive Years
sustained
L-1B
Telecommunications Technology
The appeal was sustained because the Director incorrectly determined that the beneficiary had to be employed by a separate foreign entity. C...
Qualifying Organization One-Year Foreign Employment Qualifying Relationship (Parent/Branch/Subsidiary/Affiliate)
remanded
L-1A
Architectural Services
The AAO found the Director erred on both grounds for denial, concluding the petitioner did secure sufficient physical premises and that the ...
Sufficient Physical Premises For New Office Employment Abroad In A Managerial Or Executive Capacity
sustained
L-1A
Jewelry
The Director initially denied the petition, concluding the petitioner failed to establish the beneficiary would be employed in a managerial ...
Managerial Capacity Personnel Manager Function Manager Essential Function
dismissed
L-1A
Automotive Finance
The appeal was rejected because the AAO lacks jurisdiction. While the Director denied the extension of status based on the beneficiary's phy...
Jurisdiction Extension Of Status
dismissed
L-1A
Gas Station/Convenience Store
The motion to reopen and reconsider was dismissed because a prior motion was untimely filed. The petitioner argued that the untimeliness was...
Motion To Reopen Requirements Motion To Reconsider Requirements Timely Filing Of Motion Correct Filing Fee Qualifying Relationship Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Restaurant
The appeal was dismissed due to a lack of jurisdiction. The petitioner erroneously appealed the non-appealable denial of an extension of sta...
Jurisdiction Managerial Or Executive Capacity Extension Of Status
dismissed
L-1A
Management Consulting
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 Capacity Proposed U.S. Employment In A Managerial Capacity Definition Of Personnel Manager Definition Of Function Manager
dismissed
L-1A
Household Goods Distribution
The appeal was dismissed as moot. After the appeal was filed, the Beneficiary obtained lawful permanent resident status, which rendered the ...
Executive Capacity Mootness
sustained
L-1A
Advertising And Marketing
The appeal was sustained because the AAO found that the petitioner successfully demonstrated the beneficiary was employed abroad and would b...
Managerial Capacity (Foreign Employment) Managerial Capacity (U.S. Employment) Supervision Of Professional Or Supervisory Staff Discretionary Authority Over Day-To-Day Operations Authority In Personnel Decisions
dismissed
L-1A
Financial Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial capacity. The pet...
Managerial Capacity
sustained
L-1A
Insurance
The appeal was sustained because the petitioner established that the beneficiary was employed abroad and would be employed in the U.S. in a ...
Managerial Capacity (Abroad) Managerial Capacity (Us) Function Manager
dismissed
L-1B
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed specialized knowledge, either 'special' o...
Specialized Knowledge Special Knowledge Advanced Knowledge
sustained
L-1A
Market Research
The Director denied the blanket L petition, concluding the petitioner failed to show it had three or more qualifying entities because five f...
Three Or More Domestic/Foreign Entities Engaged In Commercial Trade Or Services Qualifying Organizational Relationship (Subsidiary) Indirect Ownership Annual Sales Over $25 Million
dismissed
L-1A
Wood Products Distribution
The appeal was dismissed because the petitioner, a new office, failed to demonstrate it had developed to a point where it could support the ...
Managerial Capacity New Office Requirements Staffing Duties Performed Doing Business
sustained
L-1A
Manufacturing
The appeal was sustained because the petitioner successfully established a qualifying affiliate relationship with the beneficiary's foreign ...
Qualifying Relationship
dismissed
L-1A
Sports Management
The motion was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer at the...
Qualifying Relationship Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) New Office Requirements
dismissed
L-1A
Asset Management
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
dismissed
L-1A
Network Security
The motion to reopen was dismissed because it was untimely filed. The petitioner sought to contest a February 2021 decision but did not file...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Us) Timely Filing Of Motion To Reopen
remanded
L-1A
Educational Services
The matter was remanded for the Director to reconsider the petition in light of a recent update to the USCIS Policy Manual regarding deferen...
Managerial Capacity Abroad Executive Capacity In The U.S. Deference To Prior Approvals
remanded
L-1A
Automobile Sales
The appeal was remanded because the Director's decision was procedurally flawed. The Director failed to sufficiently analyze the elements of...
Doing Business (Foreign Entity) Doing Business (U.S. Entity) Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Fraud/Misrepresentation Deference To Prior Approvals
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