EB-1C AAO Decisions

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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 27 of 28
dismissed EB-1C

Lab Testing Services

· Company
The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect applic...
Employed In The Us In A Managerial Or Executive Capacity Employed Abroad In A Managerial Or Executive Capacity Petitioner Doing Business Foreign Employer Doing Business Ability To Pay Proffered Wage
dismissed EB-1C

Retail

· Company
The motion to reopen was dismissed on procedural grounds because it was not filed by the original petitioner. The filing entity was a succes...
Affected Party Standing Successor In Interest Motion To Reopen/Reconsider Requirements
dismissed EB-1C

Restaurant

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
U.S. Employment In A Managerial Capacity Function Manager Managerial Vs. Operational Duties
dismissed EB-1C

Import/Export

· Company
The motions to reopen and reconsider were dismissed because they were filed untimely. The petitioner resubmitted a corrected form 106 days a...
Timely Filing Of Motion To Reopen Timely Filing Of Motion To Reconsider
remanded EB-1C

Logistics

· Company
The appeal was remanded because the Director incorrectly calculated the three-year qualifying period for the required one year of foreign em...
One Year Of Qualifying Employment Abroad Calculation Of The Three-Year Qualifying Period Managerial Or Executive Capacity
remanded EB-1C

Construction Materials

· Company
The Director revoked the petition approval, citing unresolved inconsistencies about the beneficiary's ability to perform executive duties fo...
Managerial Or Executive Capacity Organizational Structure Beneficiary'S Job Duties
dismissed EB-1C

It Product Import/Export

· Company
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary's proffered wage. While th...
Ability To Pay Proffered Wage
dismissed EB-1C

Restaurant

· Company
The motion to reopen was dismissed because the petitioner's new evidence regarding a service mark was not considered substantively new and w...
Qualifying Relationship Motion To Reopen Motion To Reconsider
dismissed EB-1C

Restaurant

· Company
The appeal was dismissed because the Petitioner failed to establish a qualifying relationship with the Beneficiary's foreign employer. The P...
Qualifying Relationship Ownership And Control
dismissed EB-1C

Automotive Parts

· Company
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage of $140,000. The pet...
Ability To Pay Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S.
dismissed EB-1C

Oil And Gas Industry

· Company
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily executive capacity. The AAO...
Executive Capacity Organizational Structure Job Duties Staffing Levels Supervision Of Subordinates
dismissed EB-1C

Jewelry Trading

· Company
The appeal was dismissed because the issue was rendered moot. While the appeal was pending, the Petitioner filed a new Form I-140 on behalf ...
Managerial Or Executive Capacity Mootness
sustained EB-1C

Oil And Gas

· Company
The Director denied the petition, concluding the petitioner failed to establish a qualifying relationship with the beneficiary's foreign emp...
Qualifying Relationship
remanded EB-1C

Structural Design

· Company
The appeal was remanded because the Director's decision to revoke the petition cited the wrong section of California law regarding the benef...
Qualifying Relationship Ownership And Control Affiliate Status
dismissed EB-1C

Management

· Company
The appeal was rejected because it was improperly filed by the beneficiary of the petition, who is not considered an 'affected party' with l...
Managerial Or Executive Capacity Standing To Appeal Timeliness Of Motion
sustained EB-1C

Distribution / Electronics Parts

· Company
The appeal was sustained upon a motion to reopen because the petitioner submitted new facts and documentary evidence successfully demonstrat...
Qualifying Relationship Affiliate Ownership And Control
dismissed EB-1C

Toy Trade

· Company
The appeal was dismissed because the U.S. petitioner failed to demonstrate its ability to pay the beneficiary's proffered wage. The petition...
Ability To Pay Proffered Wage Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed EB-1C

Mechanical Tools Distribution

· Company
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

Real Estate Development

· Company
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary was primarily employed in a managerial capacity a...
Managerial Capacity Abroad
dismissed EB-1C

Food Manufacturing

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in an executive capacity. The dir...
Executive Capacity Job Duties Organizational Structure
remanded EB-1C

Clinical Medical Trials

· Company
The appeal was remanded because the Director did not sufficiently consider the totality of the evidence submitted in response to the Notice ...
Doing Business Ability To Pay Managerial Or Executive Capacity Viability Of Business
dismissed EB-1C

Furniture Sales

· Company
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect applicat...
Managerial Or Executive Capacity Doing Business For One Year Ability To Pay Proffered Wage Sufficient Staffing
dismissed EB-1C

Auto Dealership

· Company
The appeal was dismissed because the petitioner failed to establish the beneficiary was employed abroad for at least one year in the three y...
One Year Of Qualifying Foreign Employment Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Ability To Pay
sustained EB-1C

Account Management

· Company
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary was employed in a qualifying managerial capac...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Function Manager
dismissed EB-1C

Dental Services

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer, a bas...
Qualifying Relationship Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Ability To Pay Doing Business For One Year
dismissed EB-1C

Jewelry Wholesale

· Company
While the AAO reconsidered its prior decision and deemed the petitioner's motions to be timely filed, it ultimately dismissed the case on th...
Qualifying Relationship Managerial Capacity Executive Capacity Supervision Of Professional/Managerial Staff Timeliness Of Motion
remanded EB-1C

Telecommunications

· Company
The appeal was remanded because the AAO found that the Director's decision contained clear factual errors regarding the beneficiary's period...
Beneficiary'S Employment Abroad In A Managerial/Executive Capacity Beneficiary'S Proposed Employment In The U.S. In A Managerial/Executive Capacity Petitioner Doing Business In The U.S. For At Least One Year Foreign Affiliate Doing Business Abroad Willful Misrepresentation Of Material Facts
sustained EB-1C

Real Estate

· Company
The appeal was sustained because the AAO found the Director's interpretation of the regulations regarding the qualifying period of employmen...
One Year Of Qualifying Employment Abroad Qualifying Period Calculation For Beneficiary In The U.S.
remanded EB-1C

Foreign Trade And Investment

· Company
The appeal was remanded because the Director's denial notice did not offer a complete and accurate analysis of the submitted evidence. The A...
Managerial Or Executive Capacity Employment Abroad U.S. Employment Staffing Levels Job Duties
dismissed EB-1C

Real Estate Investment

· Company
The appeal was dismissed because the petitioner failed to challenge the Director's finding that it lacked the ability to pay the beneficiary...
Ability To Pay Proffered Wage Employment In A Managerial Or Executive Capacity (U.S.) Employment In A Managerial Or Executive Capacity (Abroad) Doing Business
dismissed EB-1C

Childcare

· Company
The motion to reopen was dismissed because the petitioner failed to meet the regulatory requirements for such a motion. Specifically, the pe...
Qualifying Relationship With Foreign Employer Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. Ability To Pay Proffered Wage
remanded EB-1C

Management Consulting

· Company
The appeal was remanded because the Director improperly dismissed the Petitioner's motion to reopen without providing any analysis or addres...
Motion To Reopen Requirements Managerial Capacity (U.S.) Managerial Capacity (Abroad)
remanded EB-1C

Glass Products

· Company
The appeal was remanded because the Director's denial contained an insufficient analysis of the evidence provided. The AAO determined that t...
Executive Capacity Job Duties Organizational Structure Staffing Level
dismissed EB-1C

Engineering

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The e...
Qualifying Relationship
dismissed EB-1C

International Trade

· Company
The appeal was dismissed because the petitioner failed to address the basis of the Director's decision. The Director had dismissed the petit...
Motion To Reconsider Requirements Employment In An Executive Capacity In The U.S. Employment In An Executive Capacity Abroad
dismissed EB-1C

Cargo Airline

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity
sustained EB-1C

Construction

· Company
The Director initially denied the petition, concluding the petitioner failed to establish a qualifying affiliate relationship with the benef...
Qualifying Relationship Affiliate Relationship Common Ownership And Control
dismissed EB-1C

Engineering

· Company
The appeal was dismissed because the AAO affirmed the Director's finding of willful misrepresentation against the Petitioner. The Petitioner...
Willful Misrepresentation Qualifying Relationship Employment In A Managerial Or Executive Capacity (Abroad) Employment In A Managerial Or Executive Capacity (U.S.) Doing Business In The U.S. For At Least One Year Ability To Pay Proffered Wage
remanded EB-1C

Catering And Logistics Services

· Company
The appeal was remanded because the Director's decision improperly relied on a prior denial and failed to conduct a sufficient analysis of t...
Executive Capacity Organizational Structure Staffing Levels
remanded EB-1C

Retail And Investments

· Company
The appeal was remanded because the Director's decision did not adequately explain the evidentiary deficiencies, which denied the Petitioner...
Qualifying Relationship Doing Business For At Least One Year Multinational Entity Status Managerial Capacity (Proposed Employment) Managerial/Executive Capacity (Prior Employment)
sustained EB-1C

Software Development

· Company
The appeal was sustained because the AAO found the Director's interpretation of the qualifying period for foreign employment to be overly re...
One Year Of Qualifying Employment Abroad
sustained EB-1C

Law

· Company
The appeal was sustained because the petitioner established that the beneficiary qualifies as a 'function manager.' The evidence demonstrate...
Managerial Or Executive Capacity In U.S. Managerial Or Executive Capacity Abroad Function Manager
sustained EB-1C

Finance

· Company
The appeal was sustained because the AAO found the petitioner submitted sufficient evidence demonstrating the Beneficiary was employed abroa...
Managerial Capacity Qualifying Employment Abroad
dismissed EB-1C

Retail

· Company
The appeal was dismissed because the Director properly revoked the petition's approval. Site visits and an interview with the Beneficiary re...
Doing Business Ability To Pay Proffered Wage Revocation Of Approved Petition
dismissed EB-1C

Lab Testing Services

· Company
The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect applic...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Petitioner Doing Business Ability To Pay Proffered Wage Foreign Employer Doing Business
dismissed EB-1C

Mechanical Tools Distribution

· Company
The motion to reopen was dismissed because the petitioner failed to provide new facts or supporting documentary evidence as required. The mo...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Ability To Pay Bona Fide Employer
dismissed EB-1C

Engineering Consulting

· Company
The motions were dismissed because they were determined to be untimely filed. The petitioner claimed to have submitted a prior, timely motio...
Motion To Reopen Motion To Reconsider Timeliness Of Motion
remanded EB-1C

Automotive Systems

· Company
The Director denied the petition, concluding the petitioner had not been 'doing business' for at least one year as its tax returns showed no...
Doing Business For At Least One Year
dismissed EB-1C

Computer Software Development

· Company
The appeal was dismissed because it challenged the Director's denial of a motion to reopen, not the underlying petition's merits. The AAO fo...
Managerial Or Executive Capacity Motion To Reopen Requirements
dismissed EB-1C

Information Technology

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship Affiliate Ownership And Control
remanded EB-1C

Broadcast Media

· Company
The Director denied the petition because the Petitioner did not submit its own federal tax return or other primary evidence to establish its...
Ability To Pay Managerial Or Executive Capacity Qualifying Relationship
dismissed EB-1C

Plumbing

· Company
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Failure To State Grounds For Appeal
sustained EB-1C

Liquid Fuels And Chemicals

· Organization
The Director denied the petition, concluding that the Beneficiary's roles abroad and in the U.S. were not primarily managerial or executive....
Managerial Capacity Executive Capacity
dismissed EB-1C

Child Care

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in an executive capac...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer
remanded EB-1C

Real Estate

· Company
The appeal was remanded because the Director's denial was based on a deficient and incomplete analysis of the evidence. The Director misinte...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Us) Qualifying Relationship (Multinational Entity) Doing Business (Us And Abroad)
remanded EB-1C

Insurance

· Company
The appeal was remanded because the Director's decision did not reflect consideration of the petitioner's response to a Request for Evidence...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment Qualifying Relationship Ability To Pay Proffered Wage
dismissed EB-1C

Diamond Wholesale

· Company
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a qualifying executive capacity....
Doing Business For At Least One Year Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed EB-1C

Wholesale Diamond Business

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Managerial Or Executive Capacity Ability To Pay Qualifying Relationship
remanded EB-1C

Cabinet Design And Sales

· Company
The Director's decision was withdrawn and the case was remanded. While the petitioner successfully provided evidence on appeal to show it an...
Ability To Pay Proffered Wage Doing Business Managerial Or Executive Capacity Organizational Structure/Staffing Properly Certified English Translations
dismissed EB-1C

Hospitality

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's actual foreign employer...
Qualifying Relationship Ownership And Control Identity Of Foreign Employer
remanded EB-1C

Restaurant Management

· Company
The decision was remanded because the Director's denial was procedurally deficient. The denial notice was unclear, failed to acknowledge sub...
Managerial/Executive Capacity (Foreign Employment) Managerial/Executive Capacity (U.S. Employment) One Year Of Foreign Employment In Preceding Three Years Qualifying Relationship Between Entities
dismissed EB-1C

Automotive And Equipment Sales

· Company
The motion to reconsider was dismissed because the petitioner failed to prove a legal error in the prior decision. The AAO affirmed its calc...
Qualifying Employment Abroad (One-In-Three-Year Rule) Qualifying Managerial/Executive Capacity Ability To Pay Proffered Wage
dismissed EB-1C

Book Publishing

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Employment In A Managerial Or Executive Capacity In The U.S. Employment Abroad In A Managerial Or Executive Capacity Petitioner Doing Business For At Least One Year Clarity And Specificity Of Job Duties
dismissed EB-1C

Real Estate Asset Management

· Company
The motion to reconsider was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying exe...
Qualifying Relationship Employment In An Executive Capacity Beneficiary'S Duties
sustained EB-1C

Software

· Company
The appeal was sustained because the AAO found that the Director failed to properly consider the beneficiary's role within the larger comple...
Employment Abroad In Executive Capacity Proposed U.S. Employment In Executive Capacity Definition Of Executive Capacity Qualifying Corporate Relationship
dismissed EB-1C

Footwear

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Executive Capacity Definition Primarily Engaged In Executive Duties
remanded EB-1C

Machinery Manufacturing

· Company
The appeal was remanded because the Director's denial was based on an incomplete and inaccurate analysis of the submitted evidence. The Dire...
Managerial Capacity In The U.S. Managerial Or Executive Capacity Abroad For One Year
dismissed EB-1C

Retail

· Company
The appeal was dismissed because the petitioner failed to prove it had been doing business in the U.S. for at least one year prior to filing...
Petitioner Doing Business For At Least One Year Beneficiary Employed Abroad In A Managerial Capacity Beneficiary To Be Employed In The U.S. In A Managerial Capacity
remanded EB-1C

Management Consulting

· Company
The appeal was remanded because the Director's denial notice was procedurally deficient. The AAO concluded that the Director failed to adequ...
Managerial Capacity Executive Capacity Personnel Manager Function Manager Employment Abroad
dismissed EB-1C

Construction Supplies

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Managerial Capacity Qualifying Relationship Between U.S. And Foreign Entity One Year Of Foreign Employment
dismissed EB-1C

Furniture Sales

· Company
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect applicat...
Managerial Or Executive Capacity Sufficient Subordinate Staff Non-Qualifying Duties Motion To Reconsider Requirements
dismissed EB-1C

Food Manufacturing

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary's past and proposed roles were primarily managerial...
Managerial Capacity Executive Capacity Employment Abroad Prospective U.S. Employment
remanded EB-1C

Engineering

· Company
The Director denied the petition, incorrectly asserting that the qualifying relationship between the U.S. petitioner and the foreign employe...
One Year Of Foreign Employment In A Managerial/Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Timing Of Qualifying Relationship
dismissed EB-1C

Electrical Contracting

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Employment Abroad In A Managerial Capacity Definition Of Managerial Capacity Under Ina 101(A)(44)(A) Supervision Of Other Supervisory, Professional, Or Managerial Employees Whether Duties Are Primarily Managerial Vs. Operational
dismissed EB-1C

Transportation Services

· Company
The appeal was dismissed because the petitioner requested to withdraw it. The AAO affirmed the Director's finding of willful misrepresentati...
Qualifying Relationship Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Ability To Pay Proffered Wage Doing Business Willful Misrepresentation Of A Material Fact
dismissed EB-1C

International Trade

· Company
The motion was dismissed because the petitioner repeatedly failed to prove that the foreign employer was 'doing business,' meaning providing...
Managerial Or Executive Capacity Doing Business For At Least One Year Qualifying Relationship Foreign Employer Doing Business
dismissed EB-1C

Engineering

· Company
The motion to reopen and reconsider was dismissed because the petitioner failed to prove a qualifying relationship with the beneficiary's fo...
Qualifying Relationship Subsidiary Branch Affiliate Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S.
remanded EB-1C

Renewable Energy

· Company
The appeal was remanded because the Director's decision was flawed. The AAO found that the Director improperly based the denial on evidence ...
Qualifying Relationship With A Foreign Entity Employment In The U.S. In A Managerial Or Executive Capacity Employment Abroad In A Managerial Or Executive Capacity U.S. Employer Doing Business For At Least One Year
remanded EB-1C

Auto Sales

· Company
The Director's decision was withdrawn and the case was remanded because of a procedural error. The Director relied on derogatory information...
Qualifying Employment Abroad (Managerial/Executive) Qualifying Relationship Willful Misrepresentation Procedural Notice Requirements (Noid)
remanded EB-1C

Information Technology

· Company
The appeal was remanded because the Director's denial was procedurally flawed. The AAO found that the Director based the denial on perceived...
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed EB-1C

Hydraulic Equipment

· Company
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 Abroad
dismissed EB-1C

Engineering Services

· Company
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

Food Distribution

· Company
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. and foreign entitie...
Qualifying Relationship Doing Business For At Least One Year Ability To Pay Proffered Wage Beneficiary'S Qualifying Employment Abroad Beneficiary'S Qualifying Prospective Employment
dismissed EB-1C

Retail Management

· Company
The motion was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying capacity for at...
One Year Of Foreign Employment In A Managerial/Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Managerial/Executive Capacity Of U.S. Position Ability To Pay Proffered Wage
dismissed EB-1C

Wholesale Diamonds

· Company
The motions to reopen and reconsider were dismissed. The petitioner failed to provide new facts relevant to the time of filing that would ad...
Managerial Or Executive Capacity Ability To Pay Qualifying Relationship One Year Of Foreign Employment
dismissed EB-1C

Furniture Retail

· Company
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive capacity. ...
Executive Capacity Staffing Levels Organizational Structure Job Duties Of Beneficiary Job Duties Of Subordinate Staff
dismissed EB-1C

Retail

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Managerial Capacity Organizational Structure Staffing Levels Duties Of Subordinates Employment Abroad
dismissed EB-1C

Restaurant Business

· Company
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 Organizational Structure Staffing Levels Job Duties
dismissed EB-1C

Steel Trading

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Job Duties Staffing
dismissed EB-1C

Book Publishing

· Company
The motion to reconsider was dismissed because the petitioner did not establish that the prior decision was based on an incorrect applicatio...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Doing Business For At Least One Year Functional Manager
dismissed EB-1C

Childcare

· Company
The motion to reopen was dismissed because the petitioner failed to submit new facts and supporting documentary evidence as required. The pr...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer
remanded EB-1C

Mining

· Company
The Director revoked the petition based on concerns about the job offer and whether the company was doing business. The AAO found the Direct...
Bona Fide Job Offer Doing Business For At Least One Year Managerial Or Executive Capacity Qualifying Relationship
sustained EB-1C

Manufacturing

· Company
The appeal was sustained because the AAO determined the Director miscalculated the qualifying one-year period of foreign employment. The cor...
One-Year Qualifying Employment Abroad Managerial Capacity Of Foreign Position
dismissed EB-1C

Textile Manufacturing

· Company
The appeal was dismissed because the petitioner conceded that the beneficiary was not eligible for the classification as a multinational man...
Managerial/Executive Capacity Abroad Willful Misrepresentation
dismissed EB-1C

Automotive Services

· Company
The appeal was dismissed because the petitioner failed to establish their ability to pay the beneficiary's proffered wage. The Director foun...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed EB-1C

Real Estate Investment

· Company
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Primarily Managerial Vs. Operational Duties Organizational Structure Supervision Of Subordinate Employees
dismissed EB-1C

Engineering

· Company
The motion to reopen was dismissed because the petitioner failed to submit new facts supported by documentary evidence to overcome the previ...
Qualifying Relationship Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Automatic Revocation Provisions Portability Provisions
sustained EB-1C

Pharmaceuticals

· Company
The appeal was sustained because the AAO found the Director's denial contained factual errors and insufficient reasoning. Upon de novo revie...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Function Manager
dismissed EB-1C

Tobacco Retail

· Company
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 Ability To Pay Proffered Wage Qualifying Relationship Beneficiary'S Employment Abroad In A Managerial/Executive Capacity Beneficiary'S Proposed Employment In The U.S. In A Managerial/Executive Capacity Willful Misrepresentation Of Material Facts
dismissed EB-1C

Tobacco Retail

· Company
The appeal was dismissed as moot because the Petitioner had filed a duplicate appeal of the same decision. The AAO addressed the merits of t...
Doing Business For At Least One Year Ability To Pay Proffered Wage Qualifying Relationship With Foreign Employer Beneficiary Employed Abroad In A Managerial Or Executive Capacity Beneficiary'S Proposed U.S. Employment In A Managerial Or Executive Capacity Willful Misrepresentation

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