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
Page 10 of 28
dismissed
EB-1C
Import/Export
The director revoked a previously approved petition after an investigation revealed failures to meet key requirements. The AAO dismissed the...
Doing Business For One Year Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Revocation For Good And Sufficient Cause
dismissed
EB-1C
Food Import/Export
The appeal was rejected because it was not properly filed. The beneficiary of a visa petition is not a recognized party with standing to fil...
Managerial Or Executive Capacity Standing To Appeal
dismissed
EB-1C
Travel Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Qualifying Corporate Relationship
dismissed
EB-1C
Garment Wholesale And Travel
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
Telecommunications
The appeal was dismissed. The director denied the petition because the petitioner did not demonstrate that the beneficiary would be employed...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Investment
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered salary at the time of fil...
Ability To Pay Proffered Wage
dismissed
EB-1C
Marketing And Sales
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
Electronics 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
dismissed
EB-1C
Diamond Import
The director denied the petition, concluding that the petitioner had not demonstrated that the beneficiary would be employed in a primarily ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director determined the petitioner had not e...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Hospitality
The director initially denied the petition for failure to establish a qualifying relationship and failure to prove the beneficiary would be ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Investment And Trade
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director determined that the petitioner had ...
Doing Business Prior Employment In Managerial/Executive Capacity Offered Position Is Managerial/Executive Qualifying Relationship
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed after the deadline. The director's decision was issued on January 26, 2005, but the appeal was ...
Timely Filing Of Appeal
dismissed
EB-1C
Distribution
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered salary of $100,000. The...
Ability To Pay Proffered Wage
remanded
EB-1C
Jewelry
The director denied the petition, concluding that the petitioner had not established a qualifying relationship between the U.S. and foreign ...
Qualifying Relationship Affiliate Subsidiary Common Ownership And Control
dismissed
EB-1C
Import/Export
The director revoked a previously approved petition, finding the petitioner failed to demonstrate several key requirements: doing business f...
Doing Business For One Year Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Revocation Authority
dismissed
EB-1C
Food Import/Export
The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined that the appeal was improperly filed becaus...
Managerial Or Executive Capacity Standing To Appeal Proper Filing Of Appeal
dismissed
EB-1C
Travel Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Business Technology Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship Affiliate Subsidiary Common Ownership And Control
dismissed
EB-1C
Hospitality Services
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
Packaging And Printing
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed primarily in a ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant Business
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage. The petitioner's ta...
Ability To Pay Proffered Wage Doing Business Qualifying Managerial Or Executive Capacity
remanded
EB-1C
Construction
The appeal was remanded because the director denied the petition without first issuing a required Request for Evidence (RFE). The AAO determ...
Qualifying Overseas Employment Qualifying Relationship Between Entities Doing Business For One Year Ability To Pay Proffered Wage Managerial Or Executive Duties
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 Capacity Executive Capacity Ability To Pay Proffered Wage
remanded
EB-1C
Automotive
The director initially denied the petition, believing the beneficiary's H-1B visa indicated he worked in the U.S., not abroad. The AAO found...
One Year Of Qualifying Employment Abroad Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S.
remanded
EB-1C
Petroleum Gas Distribution
The case was remanded because the director's initial denial cited issues for which no Request for Evidence was issued. While the petitioner ...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Entity Ability To Pay Proffered Wage Doing Business For At Least One Year
dismissed
EB-1C
Import/Export
The appeal was dismissed because the director revoked the initial approval on three grounds: the beneficiary would not be employed in a mana...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay
remanded
EB-1C
Agricultural Products Import/Export
The appeal was remanded because the director's denial was based on an inadequate Request for Evidence (RFE). The AAO found that the director...
Doing Business For At Least One Year Ability To Pay Proffered Wage Managerial/Executive Job Duties
remanded
EB-1C
Automotive
The AAO found that the petitioner submitted sufficient evidence to establish the beneficiary's employment abroad for the required period, de...
Employment Abroad For One Year Managerial/Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was improperly filed. The regulations state that only an 'affected party' has the standing to file an app...
Standing To File Appeal Properly Filed Appeal
dismissed
EB-1C
Business Management
The appeal was rejected on procedural grounds because it was improperly filed. The regulations state that the beneficiary of a visa petition...
Legal Standing To Appeal
dismissed
EB-1C
Multinational Management
The motion to reopen or reconsider was rejected as untimely filed. The motion was received 39 days after the decision was issued, which is b...
Timely Filing Of Motion
dismissed
EB-1C
Energy Research And Consulting
The appeal was dismissed because the petitioner failed to submit a timely rebuttal to the director's notice of intent to revoke the petition...
Doing Business In The Us Managerial Or Executive Capacity (Us) Managerial Or Executive Capacity (Foreign) Qualifying Relationship Ability To Pay
dismissed
EB-1C
Business
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity Of The Beneficiary U.S. And Foreign Entities Actively Doing Business Petitioner'S Ability To Pay The Proffered Wage Proper Response To A Notice Of Intent To Revoke (Noir)
remanded
EB-1C
Management
The case was remanded due to a procedural error. The director improperly used a 'motion to reopen' to revoke the previously approved petitio...
Qualifying Relationship Managerial Or Executive Capacity Doing Business
dismissed
EB-1C
Wholesale Trade
The petitioner's motion to reopen and reconsider was dismissed because it failed to meet the regulatory standards. The petitioner did not su...
Executive Capacity Managerial Capacity Job Duties Organizational Structure
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. Additio...
Qualifying Relationship One Year Of Foreign Employment Managerial Or Executive Capacity Doing Business
dismissed
EB-1C
Party Planning
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Employment Abroad In A Managerial Or Executive Capacity Employment In The United States In A Managerial Or Executive Capacity Petitioner Doing Business For One Year Prior To Filing Ability To Pay Proffered Wage Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact On Appeal
dismissed
EB-1C
Steel And Metal Trading
The appeal was dismissed. Although the AAO withdrew the director's finding regarding the lack of a qualifying corporate relationship, the pe...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Energy Research And Consulting
The appeal was dismissed because the petitioner failed to submit a timely rebuttal to the director's notice of intent to revoke the petition...
Doing Business In The Us Managerial Or Executive Capacity (Us) Managerial Or Executive Capacity (Foreign) Qualifying Relationship Ability To Pay
dismissed
EB-1C
Business
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Prior Employment In A Managerial Or Executive Capacity Beneficiary'S Proposed Employment In A Managerial Or Executive Capacity Petitioner'S Ability To Pay Proffered Wage Doing Business In U.S. And Abroad
remanded
EB-1C
Business
The appeal was remanded because the director used an improper procedure to revoke a previously approved petition. Instead of issuing a 'noti...
Qualifying Relationship Between Foreign And U.S. Entities Employment In A Managerial Or Executive Capacity Doing Business In The U.S.
dismissed
EB-1C
General Merchandise Wholesale
The motion to reopen and reconsider was dismissed because the petitioner failed to present new evidence that was previously unavailable, as ...
Managerial Or Executive Capacity Motion To Reopen Or Reconsider Standards Organizational Structure Job Duties
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Between Entities One Year Of Foreign Employment Managerial Or Executive Capacity Doing Business Document Translation Requirements
dismissed
EB-1C
Party Planning
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Ability To Pay Proffered Wage Doing Business For One Year Specificity Of Appeal
dismissed
EB-1C
Steel And Metal Trading
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a managerial or executive capaci...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Bioresearch
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
Bioresearch
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 Qualifying Relationship
dismissed
EB-1C
Promotional Products
The denial was affirmed because the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capac...
Managerial Or Executive Capacity Qualifying Relationship Between Entities Sufficient Physical Premises Doing Business For At Least One Year Ability To Pay Wage
dismissed
EB-1C
Garment Distribution
The petition was denied because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or execu...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed by the foreign entity in a primarily...
Managerial/Executive Capacity (Foreign Employment) Managerial/Executive Capacity (Us Employment) Qualifying Relationship
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
Retail And Auto Rental
The appeal was rejected because it was improperly filed with the wrong form (EOIR-29 instead of I-290B) and the incorrect filing fee. The AA...
Doing Business For One Year Improper Filing Of Appeal Forfeiture Of Corporate Status
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to provide credible evidence of a qualifying relationship with the claimed foreign pa...
Qualifying Relationship Subsidiary Affiliate Common Ownership And Control Doing Business
dismissed
EB-1C
Furniture Business
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
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was in a qualifying managerial ...
Managerial Capacity Executive Capacity One Year Of Qualifying Employment Abroad
dismissed
EB-1C
Wholesale
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 Job Duties
dismissed
EB-1C
Unknown
The petitioner requested that the appeal be withdrawn. The Administrative Appeals Office (AAO) therefore dismissed the appeal based on this ...
Withdrawal Of Appeal
dismissed
EB-1C
Textiles
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity Petitioner Doing Business For At Least One Year Ability To Pay Proffered Wage
dismissed
EB-1C
Automotive
The appeal was summarily dismissed because the petitioner failed to provide a detailed, comprehensive description of the beneficiary's daily...
Managerial Or Executive Capacity Detailed Job Description Management Of Professional Employees
dismissed
EB-1C
Sales Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Unknown
The appeal was dismissed on procedural grounds, not on its merits. The director's decision was issued on May 9, 2006, requiring an appeal to...
Timely Filing Of Appeal
dismissed
EB-1C
Data Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Textiles
The appeal was dismissed because the petitioner failed to overcome the grounds for revocation. The director revoked the initially approved p...
Qualifying Relationship Doing Business Managerial Or Executive Capacity Ability To Pay Wage Ac21 Portability
dismissed
EB-1C
Freight Forwarding
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 Doing Business Abroad Ability To Pay
dismissed
EB-1C
Retail
The motion was dismissed on procedural grounds. The petitioner failed to submit a supporting brief, new facts, or documentary evidence along...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Foreign Entity Continuing To Do Business Procedural Requirements For Motion To Reopen/Reconsider
dismissed
EB-1C
Textile Export
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
Diamonds And Precious Stones
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 Staffing Levels
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities at the t...
Qualifying Relationship Between Entities Foreign Entity Doing Business Managerial Or Executive Capacity
dismissed
EB-1C
Wholesale Fabrics
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
Audio/Video Equipment
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executiv...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Music
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it was not proven that the beneficiary woul...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Trading And Investment
The second motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner provided inco...
Qualifying Relationship Ownership Structure Motion To Reopen/Reconsider Requirements Burden Of Proof
dismissed
EB-1C
Lcd Display 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
sustained
EB-1C
Automotive Industry
The initial approval was revoked because the director found inconsistencies in the documentation supporting the claimed parent/subsidiary re...
Qualifying Corporate Relationship
dismissed
EB-1C
Hotel Operations
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
Import/Export
The director revoked the petition's initial approval, finding that the petitioner failed to demonstrate the beneficiary would be employed in...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the United States would be...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Leather Goods
The director denied the petition after concluding that the petitioner had not demonstrated that the beneficiary would be employed in a prima...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was untimely filed. The appeal was received 26 days after the revocation decision was issued, exceeding t...
Timely Filing Of Appeal
dismissed
EB-1C
Employment Staffing / Retail
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed by the foreign entity in a primarily...
Managerial Capacity Executive Capacity Prior Employment Abroad
dismissed
EB-1C
Import/Export
Although a motion to reopen was granted, the AAO affirmed its prior dismissal. The dismissal was based on the petitioner's failure to provid...
Managerial Capacity Executive Capacity Staffing Levels Ability To Pay
dismissed
EB-1C
Chemicals
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed by the foreign entity in a primarily...
Managerial Capacity Executive Capacity Qualifying Foreign Employment
dismissed
EB-1C
Clothing Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign emplo...
Qualifying Relationship
dismissed
EB-1C
International Trade And Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed by the U.S. entity in a primarily...
Managerial Capacity Executive Capacity Prior Employment Abroad Qualifying Relationship (Subsidiary/Affiliate)
remanded
EB-1C
Real Estate
The director denied the petition, concluding that the beneficiary's job duties in both the foreign and U.S. entities were not primarily mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Freight Forwarding
The AAO affirmed its prior dismissal, finding the petitioner failed to demonstrate that the beneficiary's past and future roles were primari...
Managerial Capacity Executive Capacity Job Duties Staffing Levels
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish the existence of a qualifying relationship between the U.S. company and ...
Qualifying Relationship Parent-Subsidiary Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Import And Export Of Watches
The AAO affirmed the director's revocation of the petition's approval. The director determined that the petitioner failed to demonstrate it ...
Doing Business For At Least One Year Managerial Or Executive Capacity Qualifying Relationship Ability To Pay 1 Year Of Foreign Employment
dismissed
EB-1C
Garments
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The petitioner, a s...
Qualifying Relationship Between U.S. And Foreign Entity Doing Business For At Least One Year Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S.
dismissed
EB-1C
International Trade
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
Real Estate Development
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
Import/Export
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for an appeal. Specifically, the petiti...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily m...
Managerial Capacity (Foreign Employment) Executive Capacity (Foreign Employment) Managerial Capacity (U.S. Employment) Executive Capacity (U.S. Employment)
remanded
EB-1C
Restaurants
The director denied the petition, concluding that a qualifying affiliate relationship did not exist because the U.S. and foreign companies w...
Qualifying Relationship Affiliate Relationship Ownership And Control
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner's counsel submitted a letter requesting that the appeal be withdrawn. The AAO acted on this ...
dismissed
EB-1C
Sailing
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove the beneficiary would be e...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Books And Magazines
The appeal was summarily dismissed because counsel failed to identify any specific errors of law or fact in the original denial and did not ...
Managerial/Executive Capacity (U.S. Position) Qualifying Relationship Managerial/Executive Capacity (Foreign Position)
dismissed
EB-1C
Nutritional Supplements
The appeal was dismissed because the petitioner failed to establish two key requirements. The petitioner did not prove that the beneficiary ...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Computer Equipment Wholesale
The appeal was dismissed because the petitioner failed to establish multiple independent grounds of eligibility. The petitioner did not prov...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Doing Business For One Full Year Foreign Entity Continues To Do Business
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