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 (3)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
25777 total decisions
Page 9 of 258
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between itself and the beneficiary's foreign e...
Qualifying Relationship Ability To Pay Proffered Wage Managerial Or Executive Capacity Employment Abroad
dismissed
EB-1C
Retail Business
The director revoked the previously approved petition due to suspected fraud, citing inconsistencies in documents related to staffing and wa...
Managerial/Executive Capacity Staffing Levels Fraud Failure To Respond To Notice Of Intent To Revoke (Noir)
sustained
EB-1C
Computer Products
The director denied the petition, concluding the petitioner failed to establish that the beneficiary's proposed role would be in a qualifyin...
Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed for failing to meet regulatory requirements. The petitioner did not submit new evidence th...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Exporting
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present new ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The director denied the petition on three grounds: lack of a qualifying relationship, failure to prove the petitioner was 'doing business,' ...
Qualifying Relationship Doing Business In The U.S. Managerial Or Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the Un...
Qualifying Relationship Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Employer-Employee Relationship
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was improperly filed as a second appeal concerning the same petition. There is no statutory or regulatory...
Procedural Requirements For Filing An Appeal
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary entered the U.S. 'in order to continue to render se...
Continuity Of Employment Prior Employment Abroad For One Year Qualifying Relationship Managerial Or Executive Capacity
sustained
EB-1C
Information Systems
The director initially denied the petition for failing to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Or Executive Capacity Organizational Hierarchy Job Duties Staffing Levels
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Qualifying Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the United States was a qual...
Managerial Capacity Executive Capacity Doing Business For At Least One Year
dismissed
EB-1C
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in a qualifying manag...
Employment Abroad In A Managerial Or Executive Capacity Managerial Capacity Executive Capacity Function Manager
sustained
EB-1C
Information Technology
The director initially denied the petition, concluding the petitioner failed to establish that the beneficiary would be employed in a qualif...
Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed untimely. The service center received the appeal 183 days after the director issued the decisio...
Timely Filing Of Appeal
dismissed
EB-1C
Management
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present new ...
Qualifying Relationship Managerial Or Executive Capacity
sustained
EB-1C
Manufacturing
The director denied the petition, finding the petitioner failed to establish the beneficiary's role was qualifyingly managerial or executive...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed untimely. The decision was issued on March 17, 2010, and the appeal was received on May 5, 2010...
Timely Filing Of Appeal
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the Uni...
Qualifying Managerial Capacity Qualifying Executive Capacity Organizational Hierarchy Staffing Levels
dismissed
EB-1C
Trucking
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence within the 30-day timeframe as pro...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Qualifying Relationship
sustained
EB-1C
Property Investment
The petition was initially denied because the director found that the beneficiary was not employed abroad in a qualifying managerial capacit...
Employment Abroad In A Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
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 Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity Executive Capacity Supervision Of Personnel First-Line Supervisor Professional Employees
sustained
EB-1C
Management Consulting
The petition was initially denied because the director determined the petitioner failed to establish it had been doing business for at least...
Doing Business For At Least One Year
dismissed
EB-1C
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 Or Executive Capacity (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Qualifying Relationship
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Nature Of Job Duties Staffing Levels
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to overcome the grounds for revocation. The director found the petitioner failed to e...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Foreign Entity Doing Business Ability To Pay
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that the beneficiary was employed abroad ...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying Us Employment Employer-Employee Relationship
dismissed
EB-1C
Business
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 Organizational Hierarchy
dismissed
EB-1C
Sound And Video Editing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for at least one year within th...
One Year Of Employment Abroad In The Preceding Three Years Employment Abroad In A Managerial Or Executive Capacity Proposed U.S. Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position would be primarily in a qualify...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Management
The AAO dismissed the petitioner's second motion to reconsider because it attempted to re-argue issues that had been previously addressed an...
Doing Business For At Least One Year Successor-In-Interest Beneficiary'S Employment With Foreign Entity
dismissed
EB-1C
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
dismissed
EB-1C
Moving Business
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Foreign Employment (Managerial/Executive) Qualifying U.S. Employment (Managerial/Executive) Ability To Pay Proffered Wage Failure To Identify Error On Appeal
dismissed
EB-1C
Operations Management
The appeal was rejected because the petitioner improperly filed an appeal of a prior AAO decision. The AAO does not have appellate jurisdict...
Appellate Jurisdiction Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Staffing Levels Qualifications Of Subordinates Function Manager
sustained
EB-1C
Resort Development
The director denied the petition based on the petitioner's failure to establish its ability to pay the beneficiary's proffered wage. The AAO...
Ability To Pay
dismissed
EB-1C
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Qualifying Managerial Or Executive Capacity (U.S. Position) Staffing Levels Job Duties Analysis (U.S. Position) Qualifying Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Consumer Goods Distribution
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
EB-1C
Finance
The motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not provide new evidence that was ...
Qualifying Managerial Or Executive Capacity (Foreign Employment) Qualifying Managerial Or Executive Capacity (U.S. Employment) Motion To Reopen Requirements (New Facts) Motion To Reconsider Requirements (Incorrect Application Of Law/Policy)
dismissed
EB-1C
Internet
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 Employer-Employee Relationship
sustained
EB-1C
Information Technology
The director revoked the petition, finding that the petitioner failed to establish the beneficiary's employment in a qualifying managerial o...
Managerial Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Consulting
The motion to reopen and reconsider was dismissed. The petitioner failed to provide new facts that were previously unavailable for the motio...
Managerial Capacity Executive Capacity Organizational Structure
dismissed
EB-1C
Retail Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Management
The motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not provide new facts that were pr...
Managerial Or Executive Capacity Employment Abroad Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Gas Station
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director denied the petition on three indepe...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
dismissed
EB-1C
Management
The motion to reopen was dismissed on procedural grounds. The petitioner failed to state new facts as required for a motion to reopen and di...
Managerial Or Executive Capacity Subordinates Motion To Reopen Requirements
dismissed
EB-1C
Transportation And Shipping
The appeal was rejected because the petitioner attempted to appeal a prior AAO decision, and the AAO does not have appellate jurisdiction ov...
Managerial Or Executive Capacity Qualifying Relationship Appellate Jurisdiction
dismissed
EB-1C
Business
The Administrative Appeals Office (AAO) found evidence that the petitioning company had been administratively dissolved. The AAO provided th...
Existence Of A U.S. Importing Employer Ability To Offer Permanent Employment Maintaining A Qualifying Relationship Authorization To Conduct Business
dismissed
EB-1C
Investment And Management Services
The motion to reopen was dismissed because the petitioner failed to provide new, material evidence that was previously unavailable. The docu...
Qualifying Relationship Corporate Ownership/Control
sustained
EB-1C
Import/Export
The director initially denied the petition, finding that the petitioner failed to demonstrate the beneficiary would be employed in a primari...
Managerial Capacity Executive Capacity Supervision Of Subordinate Staff
dismissed
EB-1C
Consulting
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Managerial Or Executive Capacity (Abroad) Qualifying Managerial Or Executive Capacity (U.S.) Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Managerial Capacity Executive Capacity
dismissed
EB-1C
Insurance
The director denied the petition because the petitioner (in Guam) and the beneficiary's prior employer (in the Commonwealth of the Northern ...
Qualifying Relationship Affiliate Subsidiary Multinational
dismissed
EB-1C
Information Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed for procedural reasons. The petitioner failed to state reasons for reconsideration establi...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Employer-Employee Relationship Staffing And Organizational Hierarchies
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed because the petitioner failed to overcome the director's finding of fraud. The petitioner ...
Qualifying Relationship Submission Of Fraudulent Documents Reliability Of Evidence Eligibility At Time Of Filing
remanded
EB-1C
Movie Production
The appeal was remanded because the director improperly denied the petition based on the beneficiary's majority ownership of the petitioning...
Doing Business For At Least One Year Employer-Employee Relationship Beneficiary As Majority Owner Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was ultimately dismissed, upholding the director's denial. The decision reviewed the director's findings that the petitioner fail...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Timeliness Of Appeal
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for the required one-year perio...
Qualifying Relationship Between Entities One Year Of Foreign Employment In The Preceding Three Years Employment In A Managerial Or Executive Capacity Abroad Beneficiary'S Proposed Role In The U.S. As A Manager Or Executive
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed. The motion to reopen failed as it did not present new facts not previously available. The...
Doing Business For One Year Beneficiary'S Employment By The Foreign Entity Successor-In-Interest
dismissed
EB-1C
Automotive Sales And Food Industry
The appeal was dismissed primarily because the petitioning company's corporate status was suspended in California, rendering it unable to fi...
Qualifying Managerial Or Executive Capacity Petitioner'S Valid Corporate Status Corporate Relationship/Merger
sustained
EB-1C
Diamond Tools
The director initially denied the petition, finding that the petitioner failed to establish the beneficiary was employed abroad or would be ...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The United States In A Qualifying Managerial Or Executive Capacity Employer-Employee Relationship
dismissed
EB-1C
Business Management
The initial appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed i...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment (Managerial/Executive) Nature Of Job Duties
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Job Duties Organizational Complexity Staffing Levels
dismissed
EB-1C
Business
The appeal was rejected because the petitioner improperly filed an appeal of a prior AAO decision directly with the AAO. The AAO does not ha...
Managerial Or Executive Capacity Qualifying Relationship With A Foreign Entity
dismissed
EB-1C
Business
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence to support the appeal after fi...
Employment Abroad In A Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-1C
Retail
The second motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The evidence submitted for t...
Doing Business For At Least One Year Managerial Or Executive Capacity Motion To Reopen Standards Motion To Reconsider Standards
dismissed
EB-1C
Apparel Wholesale
The appeal was dismissed because the petitioner failed to establish several key requirements. The director identified four grounds for denia...
Qualifying Relationship Managerial Capacity Executive Capacity Ability To Pay Wage
dismissed
EB-1C
Natural Supplement Sales
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 In The U.S. Qualifying Relationship Ability To Pay
dismissed
EB-1C
Operations Management
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to meet the requirements for a motion to reop...
Managerial Or Executive Capacity Staffing Levels Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Travel Services
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
EB-1C
Restaurant
The appeal was dismissed because it was improperly filed in response to a Notice of Intent to Deny (NOID), which is not a final, unfavorable...
Appeal Of A Non-Final Decision Jurisdiction
dismissed
EB-1C
Automotive Manufacturing
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Qualifying Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Publishing And Investment
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The petitioner did not establish that ...
Qualifying Employment Abroad (Managerial/Executive) Proposed Employment In The U.S. (Managerial/Executive) Doing Business For At Least One Year Ability To Pay Proffered Wage
dismissed
EB-1C
Business Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the Un...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Management
The third motion to reopen and reconsider was dismissed. The petitioner failed to provide new facts or evidence that were significant enough...
Qualifying Employment Abroad (Managerial/Executive) Employer-Employee Relationship Motion To Reopen/Reconsider Standards
dismissed
EB-1C
Stage Automation Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Financial Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
EB-1C
Agriculture
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The A...
Qualifying Relationship Affiliate Subsidiary Common Ownership And Control
sustained
EB-1C
Dairy Industry
The appeal was sustained because the petitioner had requested to withdraw the petition before the director issued a final decision. The AAO ...
Qualifying Relationship Managerial Or Executive Capacity Doing Business Ability To Pay Fraud Or Willful Misrepresentation Withdrawal Of Petition Timely Retraction
dismissed
EB-1C
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
dismissed
EB-1C
Business Management
The appeal was rejected because it was not timely filed, having been submitted 34 days after the director's decision was issued. The AAO als...
Managerial Capacity Abroad Managerial Capacity In The U.S. Ability To Pay Proffered Wage Timely Filing Of Appeal
sustained
EB-1C
Telecommunications
The appeal was sustained because the petitioner provided sufficient new evidence to overcome the director's adverse findings. The petitioner...
Doing Business For At Least One Year Qualifying Relationship With Foreign Employer
dismissed
EB-1C
Education
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
EB-1C
Automotive Repair
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in, or would be employed in the...
Managerial Capacity Executive Capacity Employment Abroad Doing Business For At Least One Year Function Manager
dismissed
EB-1C
Marketing And Public Relations
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
EB-1C
Luxury Watches
The appeal was remanded because the AAO withdrew the director's basis for denial, which was the lack of an employer-employee relationship. H...
Employer-Employee Relationship Managerial Or Executive Capacity Qualifying Relationship Staffing Levels
dismissed
EB-1C
Business Management
The motion was denied, upholding the appeal's dismissal, because the petitioner failed to demonstrate that the beneficiary would be employed...
Managerial Or Executive Capacity Staffing Levels Day-To-Day Duties
sustained
EB-1C
Banking
The appeal was sustained because the AAO found that the Petitioner successfully established the beneficiary would be employed in a manageria...
Managerial Or Executive Capacity Function Manager
dismissed
EB-1C
Finance
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Managerial/Executive Capacity (U.S.) Qualifying Managerial/Executive Capacity (Abroad)
dismissed
EB-1C
Industrial Products
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
EB-1C
Business Management
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the legal standards for such a motion. The petitione...
Qualifying Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Social Media
The Director denied the petition for failing to establish that the beneficiary would be employed in a qualifying managerial or executive cap...
Managerial Or Executive Capacity Doing Business Ability To Pay Proffered Wage
dismissed
EB-1C
Architecture
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity In U.S. Employment Supervision Of Professional Employees Primarily Managerial Vs. Operational Duties Function Manager
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a primarily managerial capacity....
Managerial Or Executive Capacity Of Foreign Employment One Year Of Foreign Employment Primarily Managerial Duties
dismissed
EB-1B
Animal Science
The appeal was dismissed primarily because the petitioner failed to demonstrate that the job offer was for a 'permanent' position as require...
Permanent Job Offer International Recognition 3 Years Of Experience
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