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 18 of 28
dismissed
EB-1C
Commercial Plumbing Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a qua...
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
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the foreign employ...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Automobile Repair
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
Finance
The appeal was dismissed because the petitioner failed to provide sufficient credible documentation to establish a qualifying relationship b...
Qualifying Relationship Employment Abroad (1 Of 3 Years) Doing Business (Foreign Entity) Doing Business (U.S. Entity)
dismissed
EB-1C
Construction
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or additional information to challenge the...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
remanded
EB-1C
Technology
The director's denial, which was based on the lack of an employer-employee relationship, was withdrawn. However, the case was remanded becau...
Employer-Employee Relationship Doing Business Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director concluded that the petiti...
Qualifying Relationship With Foreign Entity Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Management
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 In A Qualifying Capacity Function Manager
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a qualifying managerial or execu...
Qualifying Employment Abroad (Managerial/Executive) Managerial Capacity Executive Capacity Employer-Employee Relationship
remanded
EB-1C
Mobile Homes
The case was remanded for a procedural reason: the petitioner filed a motion to reopen/reconsider, which must be adjudicated by the original...
Managerial Or Executive Capacity Staffing Levels Qualifying Relationship Between Entities Doing Business For At Least One Year One Year Of Prior Employment Abroad
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship
sustained
EB-1C
Carpet And Rug Import
The appeal was sustained because the AAO found sufficient evidence that the beneficiary would be employed in a primarily executive capacity....
Managerial Or Executive Capacity
dismissed
EB-1C
Sales And Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the U....
Managerial Capacity Executive Capacity Qualifying Foreign Employment Continued Business Of Foreign Entity
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 Or Executive Capacity Ability To Pay Proffered Wage Employer-Employee Relationship Staffing Levels
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...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Retail
The motion to reconsider was dismissed because the petitioner failed to establish that the AAO's prior decision was based on an incorrect ap...
Managerial Or Executive Capacity Motion To Reconsider Requirements
dismissed
EB-1C
Business Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position would be in a qualifying m...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Sales
The appeal was dismissed because the petitioner failed to provide a description of the beneficiary's job duties abroad in response to a Requ...
Qualifying Relationship Managerial Or Executive Capacity (Foreign Employment)
dismissed
EB-1C
Boat Maintenance
The initial petition was denied because the petitioner did not submit any required initial evidence or supporting documentation. The appeal ...
Failure To Submit Initial Evidence Failure To Identify Error On Appeal
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed for multiple reasons. The petitioner failed to address all adverse findings, particularly ...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Between Entities Motion To Reopen/Reconsider Requirements
dismissed
EB-1C
Unknown
The appeal was dismissed because it was filed untimely, 39 days after the decision was issued, exceeding the 33-day deadline. Furthermore, t...
Timely Filing Of Appeal Jurisdiction Over Appeals Improper Filing Of A Duplicate Appeal
dismissed
EB-1C
It Project 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 Doing Business For At Least One Year
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Aluminum Industry
The director denied the petition, concluding the petitioner failed to establish that the beneficiary would be employed in a qualifying manag...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
EB-1C
Business And Real Estate Investment
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 And Real Estate Investment
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
dismissed
EB-1C
Publishing/Information Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a qua...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Gas Station/Retail
The appeal was dismissed because the petitioner failed to establish it had been doing business for at least one year at the time of filing. ...
Doing Business For At Least One Year Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Job Duties Organizational Structure Qualifying U.S. Position
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered wage. The petitioner's ...
Ability To Pay Proffered Wage
dismissed
EB-1C
Operations 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 Or Executive Capacity
dismissed
EB-1C
Baby Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary's past employment abroad and proposed employment in...
Employment Abroad In A Managerial Or Executive Capacity Proposed U.S. Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Cocoa Processing
The motion to dismiss was dismissed because the petitioner failed to establish that the beneficiary's subordinates were supervisory, profess...
Qualifying Managerial/Executive Capacity (Abroad) Qualifying Managerial/Executive Capacity (U.S.) Personnel Manager Vs. Function Manager First-Line Supervisor Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirement of identifying a specific erroneous conc...
Employee Status Failure To Identify Specific Error On Appeal
dismissed
EB-1C
Information Technology
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Managerial Or Executive Capacity Failure To State Grounds For Appeal
sustained
EB-1C
Manufacturing
The appeal was sustained because the petitioner provided sufficient evidence to overcome the director's adverse findings. The submitted docu...
Doing Business For One Year Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Managerial Capacity Executive Capacity Qualifying U.S. Employment Doing Business Abroad
dismissed
EB-1C
Business Management
The appeal was rejected as untimely filed. The decision was issued on July 13, 2011, but the appeal was not received by USCIS until August 2...
Timely Filing Of Appeal
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 Or Executive Capacity Doing Business In The United States Submission Of Consistent And Reliable Evidence
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to overcome the director's adverse findings. The director determined the petitioner d...
One Year Of Qualifying Foreign Employment Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Operations
The appeal was rejected as untimely because it was filed 34 days after the director's decision, exceeding the 33-day limit. The AAO also not...
Untimely Filing Doing Business For At Least One Year Qualifying Relationship Between U.S. And Foreign Entity Employer-Employee Relationship
sustained
EB-1C
Airline
The director initially denied the petition for failing to establish that the beneficiary's employment abroad and proposed employment in the ...
Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The U.S.
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed by the beneficiary, who does not have legal standing to file an appeal. The AAO also noted that...
Standing To File Appeal Requirement For A Valid U.S. Petitioner Self-Petitioning Eligibility
dismissed
EB-1C
Wholesale Trade
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Security Glass Products
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Management
The appeal was rejected as improperly filed. USCIS regulations prohibit a beneficiary of a visa petition from filing an appeal, as they are ...
Standing To Appeal
dismissed
EB-1C
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Relationship Between Entities Detailed Job Duties
dismissed
EB-1C
Commercial Printing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a qua...
Qualifying Managerial Capacity Qualifying Executive Capacity Ability To Pay
dismissed
EB-1C
Healthcare Staffing
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 Legitimate Job Offer
dismissed
EB-1C
Antique Restoration
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered wage. The director foun...
Ability To Pay The Proffered Wage 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 primarily managerial or exec...
Managerial Capacity Executive Capacity Ability To Pay
dismissed
EB-1C
Furniture Manufacturing
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 Ability To Pay
dismissed
EB-1C
Retail And Investment
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish that the beneficiary was employed abroad ...
Employment Abroad For One Of The Preceding Three Years Qualifying Managerial Or Executive Capacity (Foreign Employment) Petitioner'S Good Standing / Ability To Do Business Misrepresentation/Discrepancy In Beneficiary'S Employment History
dismissed
EB-1C
Operations Management
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial or e...
Qualifying Managerial Or Executive Capacity Ability To Pay Proffered Wage Employer-Employee Relationship Qualifying Corporate Relationship
dismissed
EB-1C
Automotive Parts
The appeal was dismissed primarily because the original petition was automatically revoked when the petitioner company dissolved, which mean...
Ac21 Job Portability Same Or Similar Occupational Classification Automatic Revocation Of Petition
dismissed
EB-1C
Construction
The motion to reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not establish that the prio...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Motion To Reconsider Requirements
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 Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment)
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed after the deadline. The decision required an appeal within 33 days, but the petitioner filed it...
Timely Filing Of Appeal
dismissed
EB-1C
Sales And Marketing
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 Doing Business For At Least One Year Staffing Levels
sustained
EB-1C
Software Solutions
The appeal was sustained because the petitioner successfully provided new evidence to overcome the director's findings. The evidence establi...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Statutorily Required One-Year Of Foreign Employment Qualifying Relationship Between U.S. And Foreign Entities
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for the requisite one-year peri...
One-Year Qualifying Employment Abroad Qualifying Capacity Abroad Qualifying Capacity In The U.S. U.S. Entity Doing Business For At Least One Year
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Job Duties
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Qualifying Job Duties Staffing Levels
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...
U.S. Petitioner Must Be Doing Business For At Least One Year Definition Of 'Doing Business' Qualifying Relationship Between Foreign And U.S. Entities Beneficiary'S Prior Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Floristry
The motion to reopen was rejected because it was filed untimely. The motion was received 34 days after the decision was issued, outside the ...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment (Managerial/Executive) Timeliness Of Motion To Reopen
dismissed
EB-1C
Restaurant
The motion to reopen and reconsider was dismissed because it failed to present new facts or establish that the prior decision was based on a...
Qualifying Managerial Or Executive Capacity (Abroad) Qualifying Managerial Or Executive Capacity (U.S.) Qualifying Relationship Between Entities
dismissed
EB-1C
Restaurant
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the requirements for either. The petitioner did not ...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Foreign And U.S. Entities
dismissed
EB-1C
Healthcare 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 Petitioner'S Ability To Support The Position
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the Uni...
Managerial Capacity Executive Capacity Employment Abroad In Qualifying Capacity Proposed Employment In Qualifying Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Bakery Equipment
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Publishing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a qua...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Multinational Management
The motion to reopen was rejected because it was filed untimely. The motion was submitted in March 2010, almost four years after the AAO's d...
Timeliness Of Motion To Reopen Reasonable Cause For Filing Delay
dismissed
EB-1C
Business Management
The appeal was summarily dismissed because the petitioner failed to address the reasons for the original denial of the Form I-140 petition. ...
Qualifying Managerial Or Executive Capacity Jurisdiction Of Aao Proper Grounds For Appeal
dismissed
EB-1C
Sales And Export
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 Function Manager
dismissed
EB-1C
Building Materials
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. petitioner and the foreign em...
Qualifying Relationship Ownership And Control
dismissed
EB-1C
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 Employment Abroad In A Qualifying Capacity
dismissed
EB-1C
Textiles
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence after filing the appeal. The p...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish several key eligibility requirements. The petitioner effectively concede...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay
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
Construction
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 Employment Abroad
dismissed
EB-1C
Technology
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for an appeal as outlined in 8 C.F.R. §...
Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
EB-1C
Sporting Goods
The appeal was dismissed because the petitioner failed to provide sufficient credible evidence of a qualifying relationship with the benefic...
Qualifying Relationship
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 Job Duties
dismissed
EB-1C
Construction Material Distribution
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed because it was not filed in a timely manner. The appeal was received 49 days after the decision was issued, exceedi...
Timeliness 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 Ability To Pay
dismissed
EB-1C
Design Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the U....
Employment In A Managerial Or Executive Capacity (U.S.) Employment In A Managerial Or Executive Capacity (Abroad) Doing Business For At Least One Year Foreign Entity Continues To Do Business Qualifying Relationship Between U.S. And Foreign Entities
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Us) Qualifying Relationship Foreign Entity Continues To Do Business
sustained
EB-1C
Mass Transit Interiors
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 Supervision Of Professional Employees Organizational Hierarchy
dismissed
EB-1C
Management
Although the AAO withdrew the director's initial reason for denial (that the beneficiary self-filed the petition), the appeal was ultimately...
Ability To Pay The Proffered Wage
dismissed
EB-1C
Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Affiliate Subsidiary Ownership Control
dismissed
EB-1C
Systems Integration
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment In A Managerial Capacity Employment In An Executive Capacity Management Of An Essential Function
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 i...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Failure To Identify Specific Error Of Law Or Fact
dismissed
EB-1C
Computer Services
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 The U.S. In A Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Petitioner Doing Business For At Least One Year
dismissed
EB-1C
Communication Systems
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 Employment Abroad Proposed Employment In The U.S.
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was filed untimely. The record showed the appeal was filed 41 days after the decision was issued, exceedi...
Timeliness Of Appeal Treatment Of Untimely Appeal As A Motion
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 Qualifying Employment Abroad Staffing Levels
dismissed
EB-1C
Computer Hardware Wholesale
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad was primarily in a qualifying m...
Managerial Capacity Executive Capacity Qualifying Employment Abroad
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