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 2 of 28
dismissed
EB-1C
Consulting
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 (Abroad) Qualifying Managerial Or Executive Capacity (U.S.) Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Managerial Capacity Executive Capacity
dismissed
EB-1C
Insurance
The director denied the petition because the petitioner (in Guam) and the beneficiary's prior employer (in the Commonwealth of the Northern ...
Qualifying Relationship Affiliate Subsidiary Multinational
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 or e...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed for procedural reasons. The petitioner failed to state reasons for reconsideration establi...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Employer-Employee Relationship Staffing And Organizational Hierarchies
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed because the petitioner failed to overcome the director's finding of fraud. The petitioner ...
Qualifying Relationship Submission Of Fraudulent Documents Reliability Of Evidence Eligibility At Time Of Filing
remanded
EB-1C
Movie Production
The appeal was remanded because the director improperly denied the petition based on the beneficiary's majority ownership of the petitioning...
Doing Business For At Least One Year Employer-Employee Relationship Beneficiary As Majority Owner Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was ultimately dismissed, upholding the director's denial. The decision reviewed the director's findings that the petitioner fail...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Timeliness Of Appeal
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for the required one-year perio...
Qualifying Relationship Between Entities One Year Of Foreign Employment In The Preceding Three Years Employment In A Managerial Or Executive Capacity Abroad Beneficiary'S Proposed Role In The U.S. As A Manager Or Executive
dismissed
EB-1C
Business
The motion to reopen and reconsider was dismissed. The motion to reopen failed as it did not present new facts not previously available. The...
Doing Business For One Year Beneficiary'S Employment By The Foreign Entity Successor-In-Interest
dismissed
EB-1C
Automotive Sales And Food Industry
The appeal was dismissed primarily because the petitioning company's corporate status was suspended in California, rendering it unable to fi...
Qualifying Managerial Or Executive Capacity Petitioner'S Valid Corporate Status Corporate Relationship/Merger
sustained
EB-1C
Diamond Tools
The director initially denied the petition, finding that the petitioner failed to establish the beneficiary was employed abroad or would be ...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The United States In A Qualifying Managerial Or Executive Capacity Employer-Employee Relationship
dismissed
EB-1C
Business Management
The initial appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed i...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment (Managerial/Executive) Nature Of 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 Job Duties Organizational Complexity Staffing Levels
dismissed
EB-1C
Business
The appeal was rejected because the petitioner improperly filed an appeal of a prior AAO decision directly with the AAO. The AAO does not ha...
Managerial Or Executive Capacity Qualifying Relationship With A Foreign Entity
dismissed
EB-1C
Business
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence to support the appeal after fi...
Employment Abroad In A Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-1C
Retail
The second motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The evidence submitted for t...
Doing Business For At Least One Year Managerial Or Executive Capacity Motion To Reopen Standards Motion To Reconsider Standards
dismissed
EB-1C
Apparel Wholesale
The appeal was dismissed because the petitioner failed to establish several key requirements. The director identified four grounds for denia...
Qualifying Relationship Managerial Capacity Executive Capacity Ability To Pay Wage
dismissed
EB-1C
Natural Supplement Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executiv...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. Qualifying Relationship Ability To Pay
dismissed
EB-1C
Operations Management
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to meet the requirements for a motion to reop...
Managerial Or Executive Capacity Staffing Levels Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Travel Services
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 appeal was dismissed because it was improperly filed in response to a Notice of Intent to Deny (NOID), which is not a final, unfavorable...
Appeal Of A Non-Final Decision Jurisdiction
dismissed
EB-1C
Automotive Manufacturing
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 A Managerial Or Executive Capacity
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...
Qualifying Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Publishing And Investment
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The petitioner did not establish that ...
Qualifying Employment Abroad (Managerial/Executive) Proposed Employment In The U.S. (Managerial/Executive) Doing Business For At Least One Year Ability To Pay Proffered Wage
dismissed
EB-1C
Business Services
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
dismissed
EB-1C
Business Management
The third motion to reopen and reconsider was dismissed. The petitioner failed to provide new facts or evidence that were significant enough...
Qualifying Employment Abroad (Managerial/Executive) Employer-Employee Relationship Motion To Reopen/Reconsider Standards
dismissed
EB-1C
Stage Automation Engineering
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
dismissed
EB-1C
Financial Services
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 Qualifying Employment In The U.S.
dismissed
EB-1C
Agriculture
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The A...
Qualifying Relationship Affiliate Subsidiary Common Ownership And Control
sustained
EB-1C
Dairy Industry
The appeal was sustained because the petitioner had requested to withdraw the petition before the director issued a final decision. The AAO ...
Qualifying Relationship Managerial Or Executive Capacity Doing Business Ability To Pay Fraud Or Willful Misrepresentation Withdrawal Of Petition Timely Retraction
dismissed
EB-1C
Real Estate
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 rejected because it was not timely filed, having been submitted 34 days after the director's decision was issued. The AAO als...
Managerial Capacity Abroad Managerial Capacity In The U.S. Ability To Pay Proffered Wage Timely Filing Of Appeal
sustained
EB-1C
Telecommunications
The appeal was sustained because the petitioner provided sufficient new evidence to overcome the director's adverse findings. The petitioner...
Doing Business For At Least One Year Qualifying Relationship With Foreign Employer
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
Automotive Repair
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in, or would be employed in the...
Managerial Capacity Executive Capacity Employment Abroad Doing Business For At Least One Year Function Manager
dismissed
EB-1C
Marketing And Public Relations
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
remanded
EB-1C
Luxury Watches
The appeal was remanded because the AAO withdrew the director's basis for denial, which was the lack of an employer-employee relationship. H...
Employer-Employee Relationship Managerial Or Executive Capacity Qualifying Relationship Staffing Levels
dismissed
EB-1C
Business Management
The motion was denied, upholding the appeal's dismissal, because the petitioner failed to demonstrate that the beneficiary would be employed...
Managerial Or Executive Capacity Staffing Levels Day-To-Day Duties
sustained
EB-1C
Banking
The appeal was sustained because the AAO found that the Petitioner successfully established the beneficiary would be employed in a manageria...
Managerial Or Executive Capacity Function Manager
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/Executive Capacity (U.S.) Qualifying Managerial/Executive Capacity (Abroad)
dismissed
EB-1C
Industrial Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business Management
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the legal standards for such a motion. The petitione...
Qualifying Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Social Media
The Director denied the petition for failing to establish that the beneficiary would be employed in a qualifying managerial or executive cap...
Managerial Or Executive Capacity Doing Business Ability To Pay Proffered Wage
dismissed
EB-1C
Architecture
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity In U.S. Employment Supervision Of Professional Employees Primarily Managerial Vs. Operational Duties Function Manager
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a primarily managerial capacity....
Managerial Or Executive Capacity Of Foreign Employment One Year Of Foreign Employment Primarily Managerial Duties
dismissed
EB-1C
Retail, Services, And Investment
The appeal was summarily dismissed because the petitioner, through counsel, failed to specifically identify any erroneous conclusion of law ...
Managerial Or Executive Capacity Job Duties Supervision Of Managerial/Professional Employees
remanded
EB-1C
E-Commerce
The appeal was remanded because the Director incorrectly dismissed the petitioner's motion to reopen and reconsider as untimely. The AAO fou...
Managerial Or Executive Capacity Timeliness Of Motion
dismissed
EB-1C
Mechanical Engineering
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary would not be employed in a pr...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food Products
The motion to reconsider was granted, but the previous decisions of the director and the AAO were affirmed, effectively dismissing the appea...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Furniture
The director revoked the previously approved petition after determining the petitioner had not established the beneficiary would be performi...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Finance And Real Estate
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 Failure To Identify Error On Appeal
dismissed
EB-1C
Finance And Real Estate Investment
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Managerial Capacity Of Foreign Role Managerial Capacity Of U.S. Role
dismissed
EB-1C
Compact Disc Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity ab...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Supervision Of Personnel First-Line Supervisor Vs. Manager
dismissed
EB-1C
Import And Export
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the beneficiary's proffered wage. The evidence prov...
Ability To Pay The Proffered Wage Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Warehousing And Cargo Distribution
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director determined that the petitioner did ...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Food Products
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 Primarily Managerial Or Executive Duties Performance Of Non-Qualifying Tasks Management Of An Essential Function
dismissed
EB-1C
Computer Products Distribution
The appeal was dismissed because the petitioner's central argument regarding improper revocation notice was rendered moot by a new law. The ...
Notice Of Revocation Doing Business In The Us Qualifying Relationship Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Office Furniture
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not demonstrate that the bene...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed by the U.S. entity in a primari...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the beneficiary's proffered wage of $40,000. The AA...
Ability To Pay Managerial/Executive Capacity
dismissed
EB-1C
Warehousing And Cargo Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity Supervision Of Professional, Managerial, Or Supervisory Staff
dismissed
EB-1C
Furniture
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
Oriental Rugs
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
Property Development
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 Supervision Of Professional Employees
dismissed
EB-1C
Computer Hardware
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
Hospitality
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
Industrial Automation Technology
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
dismissed
EB-1C
Computer Hardware/Software
The director revoked the petition's approval after the petitioner failed to respond to an 'Addendum to the Intent to Revoke' which requested...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Doing Business
dismissed
EB-1C
Airline
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 Employment Abroad Qualifying Employment In The U.S.
remanded
EB-1C
Wholesale Trade
The case was remanded because the director's denial was based on improper legal reasoning and unsupported standards, such as an undefined vi...
Managerial Or Executive Capacity Staffing Levels Nature Of Subordinate Employees Organizational Complexity Reasonable Needs Of The Business
remanded
EB-1C
Computer Hardware
The director's decision was withdrawn because the AAO found the director erred in determining that a qualifying relationship did not exist b...
Qualifying Relationship Managerial/Executive Capacity Job Duties
dismissed
EB-1C
Technology Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Ability To Pay Proffered Wage Job Duties Staffing Levels
dismissed
EB-1C
Industrial Automation Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment abroad or proposed employment in the U...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Hardware/Software
The appeal was dismissed because the petitioner failed to respond to the director's 'Addendum to the Intent to Revoke.' This notice requeste...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer Ability To Pay Proffered Wage Doing Business
remanded
EB-1C
Business
The appeal was remanded because the director used an incorrect procedural mechanism to challenge a previously approved petition. The AAO fou...
Revocation Procedure Notice Of Intent To Revoke Motion To Reopen Appeal Time Limits
remanded
EB-1C
Import/Wholesale
The case was remanded because the director's denial was based on improper and unsupported reasoning. The director wrongly concluded that a s...
Managerial Capacity Executive Capacity Staffing Levels Organizational Complexity Nature Of Subordinate Employees
remanded
EB-1C
Computer Hardware
The director's decision denying the petition for lack of a qualifying relationship was withdrawn, as the AAO found that the same individual ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Computer And Electronics Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Ability To Pay
remanded
EB-1C
Dietary Supplements
The appeal was remanded because while the petitioner successfully established a qualifying affiliate relationship, which was the initial rea...
Qualifying Relationship Doing Business For One Year Managerial Or Executive Capacity
remanded
EB-1C
Real Estate Investment
The director's decision was withdrawn because the AAO found that a qualifying relationship did exist between the U.S. and foreign entities, ...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Freight Forwarding
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
International Trade
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The petitioner did no...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay Foreign Entity Doing Business
dismissed
EB-1C
Computer Hardware Engineering
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
Fashion Accessories
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
remanded
EB-1C
Promotional Services
The director's decision was withdrawn and the case remanded because the denial was based on incorrect legal reasoning, namely that the benef...
Managerial Or Executive Capacity Qualifying Relationship Between Entities Doing Business For At Least One Year Ability To Pay Wage Prior Overseas Employment
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to establish it had been doing business in the U.S. for the required one-year period ...
Doing Business For At Least One Year Qualifying Employment Abroad Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Corporate Relationship
sustained
EB-1C
Wholesale Trade
The appeal was sustained because the petitioner provided sufficient evidence to overcome the director's grounds for revocation. The petition...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Aviation
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 In A Qualifying Capacity Employment In The U.S. In A Qualifying Capacity
dismissed
EB-1C
Auto Parts
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The A...
Qualifying Relationship Subsidiary Affiliate Ownership Control
dismissed
EB-1C
Unspecified
The motion to reopen was rejected as untimely filed, as it was submitted more than 52 days after the AAO's decision, far exceeding the 33-da...
Timeliness Of Motion Filing (8 C.F.R. 103.5(A)(L)(I)) Proper Filing Procedure (8 C.F.R. 103.2(A)(7)(I)) Standing To File Motion Attorney Representation (Form G-28)
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Doing Business In The Us
dismissed
EB-1C
Medical Equipment
The appeal was summarily dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and a foreig...
Qualifying Relationship Between U.S. And Foreign Entities
dismissed
EB-1C
Newspaper Publishing
The appeal was dismissed because the petitioner failed to establish a continuing qualifying relationship with the foreign entity. An on-site...
Qualifying Relationship Subsidiary Affiliate Multinational Operations Beneficiary'S Prior Employment Abroad
dismissed
EB-1C
Restaurant And Cargo
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
Import/Export
The motion to reopen was dismissed because the petitioner failed to present new facts as required by regulation. The arguments provided were...
Managerial Capacity Executive Capacity Sufficient Support Staff Qualifying Relationship Motion To Reopen Requirements
dismissed
EB-1C
Oriental Rugs
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's proposed duties t...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Property Development And Construction
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
Computer Hardware Distribution
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
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