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 15 of 28
dismissed
EB-1C
Management
The appeal was rejected because it was filed untimely. The director's decision was issued on May 4, 2012, but the appeal was not received un...
Timely Filing Of Appeal
dismissed
EB-1C
Business Management
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party with standing to appeal. Additiona...
Standing To File Appeal Jurisdiction Of The Aao Petitioner'S Continued Existence (Mootness)
dismissed
EB-1C
Business Management
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 Subordinate Staff Non-Qualifying Duties
dismissed
EB-1C
Management
The appeal was rejected because it was filed untimely, 35 days after the decision was issued, exceeding the 33-day limit. The AAO also noted...
Timely Filing Of Appeal Motion To Reopen/Reconsider Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-1C
Utilities Solutions
The director initially denied the petition, finding the petitioner failed to establish the beneficiary's proposed U.S. employment would be i...
Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Investment And Management Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Ownership And Control Affiliate Or Subsidiary
dismissed
EB-1C
Parking Management
The appeal was rejected on procedural grounds, not on the merits of the case. The attorney who filed the appeal failed to submit a new, prop...
Employment In A Managerial Or Executive Capacity Abroad Proposed Employment In A Managerial Or Executive Capacity In The U.S. Proper Filing Of Appeal (Form G-28 Requirement)
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the Uni...
Managerial Capacity Executive Capacity U.S. Employment Foreign Employment
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to overcome the director's denial, which found the petitioner did not establish a qua...
Qualifying Relationship Qualifying Employment Abroad Doing Business For One Year Ability To Pay Wage Fraud/Misrepresentation
dismissed
EB-1C
Marketing
The motion to reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not cite any legal preceden...
8 C.F.R. § 103.5(A)(3) 8 C.F.R. § 204.5(J)(3)(I) 8 C.F.R. § 204.5(J)(5)
dismissed
EB-1C
Grocery Store
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The r...
Qualifying Relationship Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
EB-1C
Finance
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 Job Duties Organizational Complexity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the United States would be...
Qualifying Employment Abroad Proposed U.S. Employment Managerial Capacity 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 Job Duties Organizational Complexity
remanded
EB-1C
Business Process Outsourcing
The director's decision was withdrawn because the petitioner successfully overcame the grounds for denial, demonstrating that the beneficiar...
Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities One Year Of Prior Employment Abroad
dismissed
EB-1C
Software
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a qualifying manageria...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
EB-1C
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary's positions, both with the foreign employer and the...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to overcome the director's findings that it had not established two key requirements....
Qualifying Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Furniture
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
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive or mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Accounting
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 Employment Abroad Qualifying U.S. Position
dismissed
EB-1C
Real Estate Investment
The appeal was dismissed because the petitioner failed to overcome the director's three adverse findings. The director concluded that the pe...
Qualifying Managerial Or Executive Capacity (Abroad) Qualifying Managerial Or Executive Capacity (U.S.) Doing Business For At Least One Year
dismissed
EB-1C
Clothing Wholesale
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 Employment Abroad
dismissed
EB-1C
Trading And Consulting
The petitioner's second motion to reopen and reconsider was dismissed. The AAO found that the motion to reopen did not present any new facts...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Staffing Levels
dismissed
EB-1C
Sales And Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Executive Capacity Managerial Capacity Staffing Levels
remanded
EB-1C
Business Management
The director denied the petition, concluding that a qualifying relationship did not exist because the U.S. petitioner operates as a franchis...
Qualifying Relationship Ownership And Control Franchise Agreement Managerial Or Executive Capacity
sustained
EB-1C
Business
The appeal was sustained because the petitioner successfully demonstrated a qualifying relationship with the beneficiary's foreign employer....
Qualifying Relationship Subsidiary Affiliate Ownership And Control
sustained
EB-1C
Advertising
The initial denial was based on the belief that the beneficiary performed too many non-qualifying operational tasks. The AAO sustained the a...
Qualifying Managerial Or Executive Capacity Employment Abroad Organizational Structure Supervision Of Professional Employees Primarily Managerial Duties
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been or would be employed in a qualifying manag...
Managerial Capacity Executive Capacity Qualifying Relationship (Affiliate/Subsidiary) Prior Employment Abroad For At Least 1 Year
dismissed
EB-1C
Business
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 Qualifying Relationship
dismissed
EB-1C
Sales And Consulting
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
Retail/Food Service
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 (Abroad) Managerial Or Executive Capacity (Proposed)
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to prove that the beneficiary's employment abroad or proposed employment in the U.S. ...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Staffing Levels
dismissed
EB-1C
Management
The appeal was dismissed as moot because the beneficiary passed away on February 17, 2012. Due to the beneficiary's death, the petitioner's ...
Qualifying Managerial Or Executive Capacity Validity Of Job Offer
dismissed
EB-1C
Engineering
The appeal was dismissed because the beneficiary's one year of required foreign employment did not occur prior to his employment with the U....
One Year Of Foreign Employment Timing Of Foreign Employment Relative To U.S. Employment Proof Of Employment By The Foreign Entity Qualifying Relationship Between Entities
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad and her proposed employment in ...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Qualifying Relationship Between Entities
remanded
EB-1C
Food Export
The director's denial, which was based on the lack of a qualifying relationship, was withdrawn as the AAO found sufficient evidence of a par...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
International Freight Forwarding
The motion to reopen was dismissed because the petitioner failed to provide new evidence that was previously unavailable, as required by reg...
Managerial Or Executive Capacity (Foreign Employment) Qualifying Relationship Motion To Reopen Requirements
dismissed
EB-1C
Research And Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment with the foreign employer or for the U...
Qualifying Managerial Capacity Qualifying Executive Capacity Supervision Of Staff Primarily Managerial Duties Vs. Non-Qualifying Duties
dismissed
EB-1C
Food Service
The appeal was dismissed as moot because the petitioning company's corporate status was found to be 'forfeited existence' according to Texas...
U.S. Employer Status Qualifying Relationship Doing Business
dismissed
EB-1C
Staffing Services
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements. The motion to reopen di...
Qualifying Managerial/Executive Capacity (U.S.) Qualifying Managerial/Executive Capacity (Abroad) Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Human Resources
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 Proposed U.S. Employment Capacity
sustained
EB-1C
Freight Forwarding
The appeal was sustained because the petitioner provided sufficient documentation to establish a qualifying affiliate relationship between t...
Qualifying Relationship Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
EB-1C
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. petitioner and the ...
Qualifying Relationship Affiliate Ownership And Control
dismissed
EB-1C
Horse Breeding
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating they would do so....
Qualifying Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Corporate Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Qualifying Relationship Between Entities
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was in a qualifying managerial ...
Beneficiary'S Employment Abroad (Managerial/Executive Capacity) Proposed U.S. Employment (Managerial/Executive Capacity) Qualifying Corporate 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
dismissed
EB-1C
General Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role would be in a qualifying managerial...
Managerial Capacity Executive Capacity Organizational Structure Supervision Of Professional/Supervisory Staff
sustained
EB-1C
Finance
The director denied the petition solely because the petitioner failed to establish it had been doing business for at least one year prior to...
Doing Business For At Least One Year
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not provide new ...
Managerial Or Executive Capacity Employer-Employee Relationship Motion To Reopen Requirements Ineffective Assistance Of Counsel
dismissed
EB-1C
Business Management
The appeal was rejected on procedural grounds. First, the underlying petition was denied for abandonment, and regulations state that no appe...
Denial For Abandonment Right To Appeal Timeliness Of Appeal
dismissed
EB-1C
Pharmaceuticals
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
Business
The appeal was remanded on procedural grounds. The director had approved the petition but later issued a denial, which effectively revoked t...
Revocation Procedure Notice Of Intent To Revoke Good And Sufficient Cause
dismissed
EB-1C
Real Estate Management
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility. The petitioner did not provide sufficient...
Managerial Or Executive Capacity (Abroad) Qualifying Relationship Managerial Or Executive Capacity (U.S.) Ability To Pay
dismissed
EB-1C
Retail Distribution
The appeal was dismissed because the petitioner failed to establish that it had been doing business for at least one year prior to filing th...
Doing Business For At Least One Year
dismissed
EB-1C
Unknown
The appeal was dismissed because it was not filed within the required 33-day period. The petitioner initially sent the appeal to the wrong o...
Timely Filing Of Appeal Motion To Reopen/Reconsider Standards
dismissed
EB-1C
Unknown
The motion to reopen and reconsider was rejected because it was filed untimely. The motion was received 44 days after the decision was issue...
Timeliness Of Motion
dismissed
EB-1C
Interior Design
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 Qualifying Corporate Relationship
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...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The director initially denied the petition because the petitioner failed to establish it had been doing business in the United States for at...
Doing Business For One Year Failure To Identify Error On Appeal
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to specifically identify an erroneous conclusion of law or statement of fac...
Doing Business For One Year Failure To Identify Error On Appeal
sustained
EB-1C
Airline
The appeal was sustained because the AAO found the director's reasons for denial were erroneous. The AAO concluded that the petitioner did p...
Ability To Pay Qualifying Employment Abroad (Managerial/Executive)
dismissed
EB-1C
Investment And Retail
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Employment By A Qualifying Entity
dismissed
EB-1C
Corporate Management
The appeal was dismissed because the petitioner failed to establish the beneficiary had the requisite employer-employee relationship with th...
Employer-Employee Relationship One Year Of Foreign Employment Managerial Or Executive Capacity
dismissed
EB-1C
Corporate Management
The motion to reopen and reconsider was dismissed. The petitioner failed to resolve inconsistencies in the record regarding its ownership an...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Trade
The appeal was dismissed because the petitioner failed to establish that it had been doing business in the U.S. for at least one year prior ...
U.S. Entity Doing Business For At Least One Year Beneficiary'S Prior Employment With Foreign Entity Successor-In-Interest Petition Filing Date
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish eligibility on three independent grounds. The petitioner did not prove a...
Qualifying Relationship Doing Business Managerial Or Executive Capacity
dismissed
EB-1C
International Trade
The motion was dismissed because it failed to meet the requirements for either a motion to reopen (by not providing new facts) or a motion t...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Requirements For A Motion To Reopen Requirements For A Motion To Reconsider
dismissed
EB-1C
Business Administration
The motion to reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner's counsel did not cite any lega...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Motion To Reconsider Requirements
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish on two grounds that the beneficiary was eligible. The petitioner did not...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Marketing
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact 8 C.F.R. § 103.3(A)(1)(V)
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S. Petitioner Doing Business For One Year Continued Operation Of Foreign Entity
dismissed
EB-1C
General Business
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the foreign entity was regularly 'doing business'...
Foreign Entity Doing Business Beneficiary'S Employment Abroad In A Managerial Or Executive Capacity Beneficiary'S Proposed Employment In The U.S. In A Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Business Management
The motion to reconsider was dismissed on procedural grounds. The petitioner failed to state the reasons for reconsideration supported by pe...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Retail Sales
The initial appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a managerial or executive capac...
Managerial Or Executive Capacity Job Duties Staffing Levels Qualifying Employment Abroad
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Ability To Pay Managerial Or Executive Capacity
dismissed
EB-1C
Wholesale Trade
The director denied the petition, finding that the petitioner had not established that the beneficiary would be employed in a primarily mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed after the 33-day deadline had passed. The AAO noted that the appeal was received 35 days after ...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Business Operations
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
Unknown
The appeal was dismissed because it was filed untimely. The petitioner had 33 days to file the appeal after the director's decision was mail...
Timely Filing Of Appeal
dismissed
EB-1C
Business
The director initially denied the petition for failure to establish a qualifying relationship and failure to prove the beneficiary would be ...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Unknown
The appeal was rejected because it was an improperly filed second appeal of the same director's decision, which is not permitted by regulati...
Prohibition Of Multiple Appeals Appealing A Prior Aao Decision Ineffective Assistance Of Counsel Claim Requirements
dismissed
EB-1C
Restaurant
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 reopen and reconsider was dismissed for failing to meet regulatory requirements. The petitioner impermissibly introduced new f...
Managerial Or Executive Capacity (Proposed Us Role) Managerial Or Executive Capacity (Abroad Role) Qualifying Relationship Between Entities
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...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be primaril...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected primarily on procedural grounds. It was filed untimely, 41 days after the previous decision, which is beyond the 33-...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Prohibition Of Multiple Appeals
dismissed
EB-1C
Computer Sales And Repair
The appeal was dismissed because the petitioner failed to establish two key requirements. The AAO concurred with the director's findings tha...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
sustained
EB-1C
Textile Wholesale
The director initially denied the petition, concluding the beneficiary would perform operational sales tasks rather than primarily manageria...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to overcome key deficiencies. The petitioner did not address the director's finding t...
Qualifying Relationship Foreign Entity Operations Ability To Pay Managerial Or Executive Capacity
dismissed
EB-1C
Gas Station Operations
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
Marketing
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 AAO found that the director erred on three grounds, concluding that the petitioner did establish a qualifying relationship, that the for...
Qualifying Relationship Foreign Entity Doing Business Us Entity Doing Business For One Year Managerial Or Executive Capacity
dismissed
EB-1C
Business Consulting
The director denied the petition for failing to establish that the beneficiary would be employed in a qualifying managerial or executive cap...
Managerial Capacity Executive Capacity Ability To Pay Wage
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to provide credible evidence that the beneficiary would be employed in a qualifying m...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food Production
The appeal was dismissed because the petitioner failed to provide sufficient evidence for multiple key criteria. Specifically, the petitione...
Doing Business For At Least One Year Qualifying Foreign Employment Qualifying Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Banking
The appeal was dismissed because the petitioner failed to establish it had been 'doing business' in the U.S. for at least one year prior to ...
Doing Business For One Year Qualifying Relationship Definition Of Doing Business
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 Staffing Levels
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship (e.g., parent, subsidiary, or affili...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Prior Employment Abroad Managerial Or Executive Capacity Applicability Of Ac21 Portability
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