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)
2797 total decisions
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dismissed
EB-1C
Apparel And Accessories
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Management Sales Training And Consulting
The appeal was dismissed. The director initially denied the petition because the beneficiary would not be employed in a primarily managerial...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Telecommunications / Software
The appeal was dismissed because the petitioner failed to establish it had been doing business in the United States for at least one year pr...
Doing Business For One Year Legal Existence Of Petitioner
dismissed
EB-1C
Electronic Components
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
The AAO rejected the petitioner's second appeal because there is no legal basis for appealing a prior AAO decision. The AAO noted that the p...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment In The Us (Managerial/Executive) Motion To Reopen/Reconsider Requirements Appeal Procedures
dismissed
EB-1C
Business Management
The appeal was rejected because the petitioner improperly filed a second appeal regarding the same petition, which is not permitted by regul...
Procedural Requirements For Appeals Requirements For Motion To Reopen Requirements For Motion To Reconsider
dismissed
EB-1C
Services And Exports
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
Retail Business
The AAO withdrew the director's denial, which was based solely on the employer-employee relationship. The case was remanded because the reco...
Employer-Employee Relationship Managerial Or Executive Capacity Qualifying Relationship Between Entities One Year Of Employment Abroad
sustained
EB-1C
Personnel Recruitment
The appeal was sustained because the AAO found that the petitioner had established the beneficiary's employment abroad and proposed role in ...
Qualifying Managerial Or Executive Capacity (Abroad) Qualifying Managerial Or Executive Capacity (U.S.) Doing Business For At Least One Year
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish several key requirements. The petitioner ...
Qualifying Relationship Employment Abroad In A Managerial/Executive Capacity Proposed Employment In A Managerial/Executive Capacity Doing Business
dismissed
EB-1C
Retail And Construction
The motion to reopen was dismissed on procedural grounds because it did not meet regulatory requirements. The petitioner failed to state new...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Requirements For A Motion To Reopen
dismissed
EB-1C
Wholesale And Retail Crafts
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a qualifying managerial or executi...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
EB-1C
Franchising And Manufacturing
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
sustained
EB-1C
Spreadsheet Management Technology
The director initially denied the petition, determining the petitioner failed to establish that the beneficiary would be employed in a prima...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Wholesale Foods
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
Manufacturing And Sales
The appeal was dismissed because the petitioner failed to establish that it had been 'doing business' for at least one year prior to filing ...
Qualifying Managerial Or Executive Capacity Doing Business For At Least One Year
remanded
EB-1C
Shipping And Freight
The director denied the petition, concluding that the beneficiary could not be considered an 'employee' because he is the sole owner of the ...
Managerial Or Executive Capacity Employer-Employee Relationship Beneficiary Ownership
dismissed
EB-1C
Real Estate Investment
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
dismissed
EB-1C
Business Management
The appeal was dismissed primarily because the petitioner failed to address or dispute the director's finding that the beneficiary was not e...
Qualifying Managerial Or Executive Capacity (U.S. Position) Qualifying Managerial Or Executive Capacity (Foreign Position) Beneficiary'S Ownership Of Petitioning Entity Beneficiary'S Status As An Employee
dismissed
EB-1C
Automobile Parts And Service
The director denied the petition, finding that the petitioner failed to establish that the beneficiary would be employed in a primarily mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Fast Food
The motion to reopen and reconsider was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a U.S. ...
Employment Abroad In A Managerial Capacity Employment In The U.S. In An Executive Capacity
dismissed
EB-1C
Hospitality
The director denied the petition for multiple reasons, including failure to establish the beneficiary's past and future employment in a mana...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Qualifying Corporate Relationship Ability To Pay Proffered Wage Failure To Submit Requested Evidence
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was not filed within the required timeframe. The original decision was issued on November 20, 2012, and t...
Timely Filing Of Appeal
dismissed
EB-1C
Architecture
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying managerial or executive ca...
Managerial Capacity Executive Capacity Doing Business
dismissed
EB-1C
Retail
The motions to reopen and reconsider were dismissed. The petitioner failed to resolve significant inconsistencies regarding the company's ow...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Credibility Of Evidence
dismissed
EB-1C
Management
The appeal was dismissed primarily on procedural grounds. The petitioner's motion to reopen was properly denied because the submitted eviden...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Foreign And U.S. Entities
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The motion to reopen did not presen...
Employment Abroad In A Qualifying Capacity Employer-Employee Relationship Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed because it failed to meet the procedural requirements. The petitioner did not provide new ...
Ability To Pay Proffered Wage Managerial Or Executive Capacity Proper Filing Of Petition
dismissed
EB-1C
General Management
The appeal was dismissed because the petitioner, a sole proprietorship, was not considered a qualifying legal entity separate from the benef...
Qualifying Relationship Between Entities Ability To Pay Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
sustained
EB-1C
Internet Services
The director denied the petition, concluding the petitioner failed to establish that the beneficiary's employment abroad was in a qualifying...
Managerial Or Executive Capacity Abroad Qualifying Employer-Employee Relationship
dismissed
EB-1C
International Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Or Executive Capacity Job Duties Organizational Complexity Supervision Of Subordinates
dismissed
EB-1C
Business Management
The motion to reopen was dismissed because the petitioner failed to meet the regulatory standard of presenting new facts that were previousl...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Sufficient Staffing Motion To Reopen Requirements
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed one day after the deadline. The director's decision was issued on November 9, 2012, which gave ...
Timely Filing Of Appeal
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish statutory eligibility. Specifically, counsel for the petitioner conceded...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary Employed In A Qualifying Managerial Or Executive Capacity Abroad Beneficiary To Be Employed In A Qualifying Managerial Or Executive Capacity In The U.S. Willful Misrepresentation
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was untimely filed. The service center received the appeal 36 days after the director issued the decision...
Timely Filing Of Appeal
dismissed
EB-1C
Dairy Products Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad and proposed employment in the ...
Managerial Capacity Executive Capacity Employment Abroad Proposed Employment In The U.S.
dismissed
EB-1C
Construction 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
Business
The motion to reconsider was dismissed on procedural grounds. The petitioner failed to establish that the prior decision was based on an inc...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Fashion Jewelry
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
Hardwood Flooring Wholesale
The appeal was dismissed for two primary reasons. First, the petitioner failed to provide sufficient documentary evidence to establish that ...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Unknown
The appeal was rejected because it was not filed within the required timeframe. The decision was issued on April 1, 2011, but the appeal was...
Timely Filing Of Appeal
dismissed
EB-1C
Cargo Transportation
The appeal was dismissed because the petitioner failed to provide requested evidence regarding the beneficiary's managerial duties and super...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Foreign Entity Doing Business Supervision Of Personnel
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the procedural requirements. The petitioner did not ...
Qualifying Managerial Or Executive Capacity (U.S. Position) Qualifying Relationship Between Entities Qualifying Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Flooring Retail And Installation
The appeal was dismissed because the petitioner failed to submit required evidence in response to a Request for Evidence (RFE). The AAO note...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Proposed) Response To Request For Evidence (Rfe)
dismissed
EB-1C
Trust Fund Management
The motion to reconsider is dismissed because it failed to state proper reasons for reconsideration, such as an incorrect application of law...
Managerial Or Executive Capacity In U.S. Managerial Or Executive Capacity Abroad Qualifying Relationship Between Entities
dismissed
EB-1C
Olive Oil Processing And Importing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment, both abroad and in the proposed U.S. ...
Managerial Or Executive Capacity Qualifying Relationship
sustained
EB-1C
Manufacturing
The director initially denied the petition for failing to establish a qualifying relationship between the U.S. petitioner and the foreign en...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
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
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