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 16 of 28
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts that were available at the time of the ...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. Eligibility At Time Of Filing
sustained
EB-1C
Computer Services
The appeal was sustained because the AAO found the director's grounds for denial were incorrect. The AAO determined that the evidence, inclu...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for the required duration withi...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity One Year Of Foreign Employment In The Preceding Three Years Doing Business
dismissed
EB-1C
General Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial/Executive Capacity (U.S.) Managerial/Executive Capacity (Abroad) Doing Business For One Year
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...
Failure To Identify Specific Error Of Law Or Fact
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...
Employment Abroad In A Managerial Or Executive Capacity Employment In The Us In A Managerial Or Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was not filed in a timely manner. The appeal was received on November 2, 2009, which was 37 days after th...
Timely Filing Of Appeal
dismissed
EB-1C
Multinational Manager/Executive
The appeal was rejected because it was filed after the deadline. The decision was issued on September 26, 2009, and the appeal was received ...
Timely Filing Of Appeal
remanded
EB-1C
Unknown
The appeal was rejected because it was filed 35 days after the decision was issued, exceeding the 33-day time limit. However, the case was r...
Timeliness Of Appeal Treating Appeal As Motion
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish multiple grounds for eligibility. The director found the petitioner did ...
Ability To Pay Qualifying Employment Abroad Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Business Management
The AAO affirmed the director's denial, finding the petitioner failed to establish that the beneficiary's past foreign employment and propos...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Employment In The U.S. (Managerial/Executive)
dismissed
EB-1C
Management
The motion to reopen and reconsider a previously dismissed appeal was dismissed on procedural grounds. The petitioner failed to provide new ...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment (Managerial/Executive) Ability To Pay Proffered Wage Procedural Requirements For Motion To Reopen Procedural Requirements For Motion To Reconsider
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to overcome the director's adverse findings. Specifically, the petitioner did not est...
Qualifying Relationship Foreign Entity Doing Business Managerial Or Executive Capacity Willful Misrepresentation
remanded
EB-1C
Business
The AAO withdrew the director's denial, which was based on an inconsistency regarding the corporate relationship (subsidiary vs. affiliate),...
Qualifying Corporate Relationship Managerial Or Executive Capacity Doing Business For At Least One Year One Year Of Prior Employment Abroad
sustained
EB-1C
Manufacturing
The director denied the petition, concluding the beneficiary would not be employed in a qualifying managerial or executive capacity. The AAO...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. petitioner and the ...
Qualifying Relationship Affiliate Status Authority To Revoke Petition
sustained
EB-1C
Industrial Services
The director initially denied the petition for lack of evidence establishing the beneficiary's employment abroad was in a qualifying manager...
Managerial Capacity Executive Capacity Employment Abroad Organizational Structure Subordinate Staff Duties
dismissed
EB-1C
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Business Administration
The initial petition was denied because the petitioner failed to submit any evidence to establish eligibility as a multinational manager or ...
Failure To Submit Evidence Failure To Identify Error On Appeal Burden Of Proof
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 A Qualifying Managerial Or Executive Capacity Qualifying Relationship Between Foreign And U.S. Entities
dismissed
EB-1C
Business Development
The appeal was dismissed because the petitioner failed to provide requested evidence regarding the beneficiary's job duties abroad in respon...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Between Foreign And U.S. Entities Employment Abroad In A Managerial Or Executive Capacity
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to address the five grounds for denial cited by the director. The AAO found that the ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Qualifying Relationship Doing Business For One Year
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's employment and res...
Employment Abroad In A Qualifying Managerial Capacity Qualifying Relationship Between Entities Proposed Employment In The U.S. In A Managerial/Executive Capacity
remanded
EB-1C
Airline
The director's decision to deny the petition based on the petitioner's ability to pay the proffered wage was found to be erroneous and was w...
Ability To Pay Managerial Capacity Executive Capacity Job Duties Organizational Chart
dismissed
EB-1C
Corporate Management
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Doing Business For One Year Failure To Provide Evidence Failure To Identify Error On Appeal
dismissed
EB-1C
Management
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
One Year Of Foreign Employment Qualifying Relationship Managerial Or Executive Capacity Failure To Identify Error On Appeal
sustained
EB-1C
Sales And Marketing
The appeal was sustained because the petitioner established that the beneficiary would be employed as a 'function manager' rather than a 'pe...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Distinction Between Personnel Manager And Function Manager
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...
Qualifying Relationship Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Management
The director initially denied the petition on two grounds: failure to establish the beneficiary would be employed in a managerial capacity a...
Managerial Capacity Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary's duties, both in the prior foreign employment and ...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment (Managerial/Executive) Ability To Pay Proffered Wage
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
Business
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 Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Retail
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 Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Investment 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 Function Manager
dismissed
EB-1C
Management
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the director's original de...
Failure To Submit Supporting Evidence Failure To Identify Specific Error On Appeal Burden Of Proof Eligibility At Time Of Filing
dismissed
EB-1C
Business
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact m...
Qualifying Relationship Employment Abroad In A Managerial/Executive Capacity
dismissed
EB-1C
Manufacturing
The director initially denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity
dismissed
EB-1C
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 Ability To Pay
dismissed
EB-1C
Wholesale, Retail, And Investment
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S. Petitioner Continues To Do Business
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to demonstrate a qualifying relationship with the beneficiary's foreign employer at t...
Qualifying Relationship Managerial Or Executive Capacity Timing Of Qualifying Relationship At Time Of Filing
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to prove its ability to pay the beneficiary's proffered wage using the types of finan...
Ability To Pay Managerial Or Executive Capacity
dismissed
EB-1C
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
dismissed
EB-1C
Business
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 fi...
Doing Business For At Least One Year
dismissed
EB-1C
Restaurant Management
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 Qualifying Relationship
dismissed
EB-1C
Oil And Gas Retail
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
dismissed
EB-1C
Timber Industry
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was in a qualifying managerial ...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity
sustained
EB-1C
Management
The director initially denied the petition, concluding the petitioner failed to establish that the beneficiary's foreign and proposed U.S. r...
Qualifying Managerial Or Executive Capacity (Foreign Employment) Qualifying Managerial Or Executive Capacity (U.S. Employment) Organizational Hierarchy Beneficiary'S Support Staff
sustained
EB-1C
Concrete Pump Leasing Services
The appeal was sustained because the AAO found that the director's denial focused on minor details and was not warranted when reviewing the ...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Operation As A Multinational Entity
dismissed
EB-1C
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 Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity (U.S.) Ability To Pay
dismissed
EB-1C
Consulting
The appeal was dismissed because the petitioner failed to establish key eligibility requirements. Specifically, the petitioner did not ident...
Qualifying Relationship Managerial Or Executive Capacity One Year Of Foreign Employment Ability To Pay Wage Doing Business For At Least One Year
dismissed
EB-1C
Business/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
Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and any of the benefi...
Qualifying Relationship Between U.S. And Foreign Entities Beneficiary'S Prior Employment In A Managerial Or Executive Capacity U.S. Employer Doing Business For At Least One Year Ability To Pay Proffered Wage
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 Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Textiles
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 Ability To Pay
dismissed
EB-1C
Truck Sales And Logistics
The appeal was dismissed because the petitioner failed to overcome the director's three grounds for denial. Specifically, the petitioner did...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer Sufficient Physical Premises
dismissed
EB-1C
Education
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence that was previously unavailable, which is ...
Managerial Or Executive Capacity Qualifying Relationship Between Entities Employment Abroad In A Qualifying Capacity Sufficient Support Staff Multinational Entity
dismissed
EB-1C
Technology Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the United States would be prima...
Managerial Capacity Executive Capacity
dismissed
EB-1C
International Trade
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary would not be employed in a qu...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Product 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
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Business Operations
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Electronics
The appeal was dismissed because the petitioner failed to submit the required initial evidence. The petitioner provided no information regar...
Prior Employment Abroad For At Least 1 Year In The Last 3 Years Qualifying Relationship Between Us And Foreign Entity Managerial Or Executive Capacity Of Proposed Role Us Employer Doing Business For At Least One Year
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed after the deadline. The petitioner initially submitted the appeal with an incorrect fee, causin...
Untimely Filing Proper Filing Fee
dismissed
EB-1C
Tourism And Entertainment
The appeal was dismissed because the petitioner failed to establish key eligibility requirements. The petitioner did not provide a descripti...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Qualifying Relationship Between Entities Foreign Entity Doing Business Abroad
dismissed
EB-1C
Distribution Management
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 Qualifying Foreign Employment
dismissed
EB-1C
Healthcare
The appeal was summarily dismissed because the petitioner failed to identify a specific error of law or fact in the director's decision. The...
8 C.F.R. § 204.5(J)(3)(I) 8 C.F.R. § 103.3(A)(I)(V) Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-1C
Wholesale/Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Property Management
The appeal was ultimately dismissed because the petitioner failed to establish two key eligibility requirements. The AAO affirmed the direct...
Managerial Or Executive Capacity Doing Business For At Least One Year
dismissed
EB-1C
Business Management
The appeal was dismissed, and the director's decision to revoke the petition was affirmed. The primary reason for revocation was that the pe...
Managerial Or Executive Capacity Qualifying Relationship Cessation Of Business Operations Ability To Pay Proffered Wage
dismissed
EB-1C
Import/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
Electronic Equipment Sales
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, a sole proprietorship, was not considered a separate legal entity that could establish a qu...
Qualifying Relationship Ability To Pay Managerial/Executive Capacity (Foreign) Managerial/Executive Capacity (U.S.)
dismissed
EB-1C
Unknown
The appeal was rejected because it was untimely filed, received approximately ten months after the denial was issued, far exceeding the 33-d...
Timely Filing Motion To Reopen Motion To Reconsider Summary Dismissal
dismissed
EB-1C
Finance
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities, specifi...
Qualifying Relationship Between Foreign And U.S. Entities Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
dismissed
EB-1C
Sales And Marketing
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
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not specifically identi...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S. Failure To Identify Erroneous Conclusion Of Law Or Fact On Appeal
dismissed
EB-1C
Restaurant
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 U.S. And Foreign Entities Beneficiary'S Employment In A Primarily Managerial Or Executive Capacity Abroad Beneficiary'S Proposed Employment In A Primarily Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Interior Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Qualifying Foreign Employment Managerial Capacity Executive Capacity Qualifying Relationship (Subsidiary/Affiliate) Job Duties Description
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to resolve a significant inconsistency in the evidence regarding its ownership. A tax...
Qualifying Relationship Managerial Or Executive Capacity Ownership And Control
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner, through their counsel, submitted a letter requesting that the appeal be withdrawn. The deci...
dismissed
EB-1C
Manufacturing
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 Executive Capacity Employment Abroad
dismissed
EB-1C
Multinational Manager/Executive
The appeal was dismissed because the petitioner formally requested to withdraw the appeal on February 10, 2010. The decision was based solel...
dismissed
EB-1C
Wholesale Import
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 Ability To Pay
remanded
EB-1C
Automotive
The appeal was remanded. While the petitioner provided sufficient evidence to overcome the initial denial grounds related to doing business ...
Doing Business For At Least One Year Physical Premises Qualifying Foreign Employment (Managerial/Executive) Qualifying U.S. Employment (Managerial/Executive)
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 untimely filed. The petitioner submitted the correct form and fee on June 4, 2009, which was 63 days ...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider
sustained
EB-1C
Culinary
The director initially denied the petition, finding the beneficiary's role was primarily that of a first-line supervisor. The appeal was sus...
Managerial Or Executive Capacity First-Line Supervisor Organizational Structure
dismissed
EB-1C
Florist
The director denied the petition because the petitioner had not established that the beneficiary's proposed role qualified as a primarily ma...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food Product 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
Restaurant
The motion to reopen and reconsider was dismissed for failing to meet regulatory requirements. The petitioner did not present new facts for ...
Qualifying Employment Abroad Qualifying U.S. Position Qualifying Corporate Relationship Motion To Reopen Motion To Reconsider Timeliness Of Filing
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed on procedural grounds, as it failed to present new facts or establish that the previous de...
Managerial Capacity Executive Capacity Motion To Reopen Motion To Reconsider
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 Or Executive Capacity
dismissed
EB-1C
Credit 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
Publishing/Graphic Design
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
Distribution
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 Qualifying Employment Abroad Qualifying Proposed Employment
dismissed
EB-1C
Engineering
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 Managerial/Executive Capacity Proposed Employment In A Managerial/Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed after the 33-day deadline. The decision was issued on January 26, 2009, but the appeal was not ...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Construction
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 Ability To Pay Proffered Wage
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Managerial Or Executive Capacity
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