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 12 of 28
dismissed
EB-1C
Food Import
The appeal was summarily dismissed because the petitioner failed to specifically identify any errors in the director's decision. The directo...
Doing Business Managerial Or Executive Capacity
dismissed
EB-1C
Import/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
dismissed
EB-1C
Wire Products
The appeal was dismissed because the petitioner failed to establish a qualifying parent-subsidiary relationship. The director found, and the...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Retail And Auto Rental
The appeal was dismissed because the petitioner failed to establish it had been doing business for at least one year prior to filing the pet...
Doing Business For At Least One Year Successor-In-Interest Credibility Of Claims
dismissed
EB-1C
Printing And Graphics
The motion to reopen was dismissed because it failed to meet regulatory requirements. The petitioner did not present new facts or establish ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Doing Business For At Least One Year
dismissed
EB-1C
Heavy Machinery And Engineering
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
Wholesale Distribution
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
Investment
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove that the beneficiary would...
Managerial Or Executive Capacity Doing Business For One Year Staffing Levels Job Duties
dismissed
EB-1C
Importation And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity (U.S. Position) Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
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
Garment Import/Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The s...
Qualifying Relationship Subsidiary Affiliate
dismissed
EB-1C
Import And Wholesale
The appeal was dismissed, and the petition denied, because the petitioner failed to establish two key requirements. First, it was not proven...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Clothing Retail
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
remanded
EB-1C
Hair Salon
The appeal was rejected because it was filed after the 33-day deadline. However, because the untimely appeal met the requirements of a motio...
Timeliness Of Appeal Motion To Reopen Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The motion to reopen was rejected because it was filed almost two years after the 30-day deadline. The petitioner claimed the delay was due ...
Timeliness Of Motion
dismissed
EB-1C
General Merchandise Trade
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
Dental Equipment
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 Job Duties
remanded
EB-1C
Exporting
The appeal was rejected as untimely because it was filed 28 days after the decision was issued, exceeding the 18-day limit. However, the AAO...
Managerial Capacity Executive Capacity Function Manager
dismissed
EB-1C
Finance
The director denied the petition, concluding that the petitioner had not established that the beneficiary would be employed in a primarily m...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Industrial Software
The director denied the petition, concluding the petitioner had not demonstrated that the beneficiary would be employed in the U.S. in a pri...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been or would be employed in a primarily manage...
Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Detailed Description Of Job Duties
dismissed
EB-1C
Carpet Services
The appeal was ultimately dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily manag...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
EB-1C
Dry Cleaning
The appeal was dismissed because the petitioner failed to establish three key requirements for the visa category. The director initially den...
Managerial Or Executive Capacity Of U.S. Role Managerial Or Executive Capacity Of Foreign Role Qualifying Relationship
dismissed
EB-1C
Import/Export Trading
The petition's approval was revoked after a consular investigation revealed the foreign parent company was no longer operating and the petit...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Entity Ac21 Portability
dismissed
EB-1C
Business Consulting
The appeal was dismissed because the petitioner failed to prove that its foreign headquarters in Japan was 'doing business.' While the petit...
Doing Business (U.S.) Doing Business (Foreign) 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...
Foreign Entity Doing Business Managerial Capacity Executive Capacity Staffing Levels Organizational Structure
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S. in a qualifying manag...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Textile/Apparel Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The petitioner submit...
Qualifying Relationship Managerial Or Executive Capacity Ownership And Control
dismissed
EB-1C
Import/Wholesale
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in the United States in a prima...
Managerial Capacity Executive Capacity
dismissed
EB-1C
International Sales
The appeal was summarily dismissed because the petitioner's counsel admitted the U.S. entity could not pay the proffered wage and incorrectl...
Ability To Pay Qualifying Employment Abroad Qualifying Relationship Doing Business For One Year Proposed U.S. Duties
remanded
EB-1C
Real Estate
The appeal was remanded because while the petitioner overcame the initial grounds for denial regarding its ability to pay the proffered wage...
Ability To Pay Proffered Wage Qualifying Employment Abroad (Managerial/Executive) Qualifying Relationship Between Entities Doing Business For At Least One Year Offer Of Employment (Managerial/Executive Duties In U.S.)
dismissed
EB-1C
Automotive Distribution
The appeal was dismissed because the director's denial, based on suspicions of fraud and factual inconsistencies, was upheld. The petitioner...
Invalid Withdrawal Of Petition Fraud Failure To Respond To Notice Of Intent To Deny Burden Of Proof
dismissed
EB-1C
Jewelry Design And Retail
The appeal was rejected on procedural grounds, not on its merits. The AAO determined the appeal was improperly filed because the beneficiary...
Managerial Or Executive Capacity Standing To Appeal
dismissed
EB-1C
Shoe Import/Export
The appeal was dismissed and the petition ultimately denied because the petitioner failed to establish several key requirements. Specificall...
Qualifying Relationship Between U.S. And Foreign Entities Petitioner'S Legal Structure And Eligibility To File Managerial Or Executive Capacity Of Beneficiary'S Proposed U.S. Role Beneficiary'S One Year Of Prior Employment In A Managerial Or Executive Role Petitioner'S Ability To Pay Proffered Wage Requirement For Both Entities To Be 'Doing Business' For At Least One Year
dismissed
EB-1C
Import/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
dismissed
EB-1C
Marketing And Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capa...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Software
The appeal was dismissed because the petitioner failed to establish it was 'doing business' in the United States on a regular, systematic, a...
Doing Business Managerial Capacity Executive Capacity
dismissed
EB-1C
Retail Management
The appeal was dismissed because the petitioner failed to provide detailed job descriptions to establish that the beneficiary's past foreign...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage
dismissed
EB-1C
Fashion Jewelry Retail
The appeal was summarily dismissed because the petitioner failed to specifically address the director's grounds for denial. The petitioner d...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Qualifying Foreign Employment Doing Business For At Least One Year
dismissed
EB-1C
Hospitality
The motion is dismissed because it is identical to a prior motion that was already granted and considered, and no additional evidence or rea...
Managerial Or Executive Capacity
dismissed
EB-1C
Remodeling
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. While t...
Qualifying Relationship Ownership Control Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner's counsel formally requested that the appeal be withdrawn...
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed in a primarily managerial or executi...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Trade Exhibitions
The appeal was dismissed because the petitioner failed to prove a qualifying parent-subsidiary relationship between the U.S. and foreign ent...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Real Estate Development
The director denied the petition for failure to demonstrate that the beneficiary was employed in a primarily managerial or executive capacit...
Managerial Capacity Executive Capacity Doing Business For One Year
dismissed
EB-1C
Religious Media Production
The appeal was dismissed because the petitioner failed to demonstrate several key requirements for the classification. The director found th...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Between Entities Ability To Pay
dismissed
EB-1C
Retail Trade
The appeal was dismissed because the petitioner, a small gasoline and convenience store, failed to demonstrate that the beneficiary would be...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Products
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
Jewelry Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed by the foreign entity, or would b...
Managerial Capacity Executive Capacity Qualifying Relationship Employment Abroad Staffing Levels
dismissed
EB-1C
Automotive Repair
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S. in a primarily manage...
Managerial Capacity (U.S. Position) Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Fashion Apparel
The appeal was dismissed, and the revocation of the petition was affirmed. The director revoked the initial approval because the petitioner ...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Export
The second motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not introduce new facts tha...
Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Exporting
The appeal was dismissed because the petitioner failed to establish three key requirements. First, it did not prove the beneficiary would be...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage
dismissed
EB-1C
Ceramics Wholesale
The appeal was dismissed because the petitioner failed to establish several key eligibility requirements. The director initially denied the ...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Doing Business For One Year Ability To Pay Proffered Wage
dismissed
EB-1C
Energy Generation
The appeal was dismissed, affirming the director's denial. The director found the petitioner failed on three grounds: it did not establish t...
Managerial Or Executive Capacity (U.S. Position) Qualifying Relationship Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Marketing And Product Support
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 Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the United States would be a qua...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Musical Instrument Distribution
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 dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the Un...
Managerial Capacity Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Finance
The motion to reopen and reconsider was dismissed on procedural grounds. The AAO determined that the motion failed to address the reason for...
Qualifying Relationship Motion To Reopen Motion To Reconsider Timely Filing
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
dismissed
EB-1C
Wholesale Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary's...
Qualifying Relationship Affiliate Subsidiary Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on January 10, 2012, but the appeal was not receiv...
Timely Filing Of Appeal
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 Detailed Job Description Organizational Structure Supervision Of Subordinates
dismissed
EB-1C
Industrial Parts Import/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
dismissed
EB-1C
Unknown
The appeal was dismissed because it was filed untimely. The appeal was received on February 24, 2012, which was 253 days after the director'...
Timely Filing
dismissed
EB-1C
Furniture 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
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed untimely. The appeal was received 38 days after the director's decision was issued, which is be...
Timeliness Of Appeal
dismissed
EB-1C
Car Wash Franchising
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer in Mex...
Qualifying Relationship Affiliate Subsidiary Ability To Pay
dismissed
EB-1C
Marketing And Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Business
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence that was previously unavailable, as requir...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity Petitioner Doing Business For At Least One Year Qualifying Relationship Between U.S. And Foreign Entities Foreign Entity Continues To Do Business
dismissed
EB-1C
International Trade
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence that were previously unavailable, as requi...
Employment Abroad In A Managerial/Executive Capacity Employment In The Us In A Managerial/Executive Capacity Qualifying Corporate Relationship Staffing Levels Motion To Reopen Standards
dismissed
EB-1C
Food Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment would be in a qualifying mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Motorsports
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 Qualifying Relationship (Subsidiary/Affiliate) Employment Abroad For One Year
dismissed
EB-1C
Distributor
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The e...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Jewelry
The director denied the petition, and the AAO dismissed the appeal, concluding that the petitioner failed to establish that the beneficiary ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment as President would be in a qu...
Managerial Capacity Executive Capacity
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 capa...
Managerial Capacity Functional Manager Employment Abroad In A Qualifying Capacity
dismissed
EB-1C
Industrial Equipment Sales
The director denied the petition for failing to establish that the beneficiary was employed in a managerial or executive capacity by the for...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment)
dismissed
EB-1C
Automotive Sales
The director denied the petition for failing to establish that the beneficiary's proposed U.S. employment and prior foreign employment were ...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad)
dismissed
EB-1C
Convenience Store/Gas Station
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed in a primarily managerial or exec...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Us) Qualifying Relationship
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed for failing to meet procedural requirements. The petitioner did not provide new facts or d...
Managerial Or Executive Capacity Ability To Pay Doing Business For One Year Motion To Reopen Requirements
dismissed
EB-1C
Business Development And Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. employment would be in a qualifying...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Import/Export
The motion was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Qualifying Managerial Capacity Qualifying Executive Capacity Employment Abroad In A Qualifying Capacity Sufficient Staffing To Relieve Beneficiary Of Non-Qualifying Duties Employer-Employee Relationship
dismissed
EB-1C
Industrial Tooling
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
Immigration And Investment Services
The initial appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer and did not ...
Qualifying Relationship Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Retail 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 Function Manager
dismissed
EB-1C
Information Technology
The appeal was dismissed as moot. While the appeal was pending, the petitioner filed a new petition on the beneficiary's behalf which was ap...
Qualifying Managerial Or Executive Capacity Mootness
dismissed
EB-1C
Construction Materials Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Qualifying U.S. Employment (Managerial/Executive) Qualifying Foreign Employment (Managerial/Executive) Foreign Employer Doing Business
sustained
EB-1C
Automotive Manufacturing
The director denied the petition for failing to establish that the beneficiary's employment abroad was in a qualifying managerial or executi...
Employment Abroad In A Managerial Or Executive Capacity Managerial Capacity Executive Capacity
dismissed
EB-1C
Automobile Sales
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a qualifying ...
Managerial Capacity Executive Capacity Qualifying Relationship (Subsidiary/Affiliate) Prior Employment Abroad Doing Business For At Least One Year
dismissed
EB-1C
Marketing
The motion was denied because the petitioner failed to establish that the beneficiary's employment abroad and proposed employment in the U.S...
Qualifying Managerial/Executive Capacity (Abroad) Qualifying Managerial/Executive Capacity (U.S.) Qualifying Relationship Staffing/Subordinates
dismissed
EB-1C
Semiconductor Manufacturing
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary was not employed in a qualify...
Managerial Capacity Executive Capacity
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 Or Executive Capacity Qualifying Relationship With Foreign Employer
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 Organizational Structure Staffing Levels
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Ability To Pay
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer at the...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
remanded
EB-1C
Automotive Parts
The appeal was remanded because the director improperly interpreted the 'doing business' regulation, incorrectly concluding that acting as a...
Doing Business Managerial Or Executive Capacity
remanded
EB-1C
Construction Engineering
The director's decision, based on a lack of a qualifying relationship, was withdrawn as the petitioner submitted sufficient evidence on appe...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Role As A Manager Or Executive Petitioner'S Ability To Support A Managerial Or Executive Position
Turn these precedents into a draft
MeritDraft uses real AAO decisions to help attorneys and self-petitioners draft stronger O-1 and NIW arguments faster.
Start Free Trial →