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 3 of 28
dismissed
EB-1C
Hospitality
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
Software Localization
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 Staffing Levels Primary Duties
dismissed
EB-1C
Import/Export
The motion to reopen was dismissed because the petitioner failed to provide new facts as required by regulation. The AAO found that the peti...
Managerial Or Executive Capacity Sufficient Support Staff Qualifying Relationship With Foreign Employer Function Manager
dismissed
EB-1C
General Services
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Managerial Or Executive Capacity Failure To State Grounds For Appeal
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Security Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the foreign employ...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity One Year Of Prior Employment Abroad
dismissed
EB-1C
Furniture Import
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was untimely filed. The regulations require an appeal within 15 days of the Notice of Revocation, but the...
Timely Filing Of Appeal
dismissed
EB-1C
Product Marketing And Trade
The appeal was dismissed because the petitioner's sole legal argument, which challenged CIS's authority to revoke the petition based on the ...
Employment In A Managerial Or Executive Capacity (Foreign) Employment In A Managerial Or Executive Capacity (U.S.) Qualifying Corporate Relationship Ability To Pay Proffered Wage
remanded
EB-1C
Management
The case was remanded because the director followed an incorrect procedure after the petition had already been approved. Instead of issuing ...
Revocation Process Procedural Requirements
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 r...
Qualifying Relationship Subsidiary Affiliate Ownership Control
dismissed
EB-1C
Unknown
The motion was rejected as untimely filed. The AAO's decision was issued on October 1, 2004, but the motion was not filed until November 22,...
Timeliness Of Motion Standing To File Motion
dismissed
EB-1C
General Merchandise
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Doing Business In The U.S.
dismissed
EB-1C
Medical Equipment
The appeal was dismissed because the petitioner failed to establish the required qualifying relationship between the U.S. entity and a forei...
Qualifying Relationship Between Us And Foreign Entities
dismissed
EB-1C
Newspaper Publication
The appeal was dismissed because an on-site investigation and the petitioner's own admission confirmed that the foreign branch office ceased...
Qualifying Relationship Multinational Business Operations Managerial Or Executive Capacity
dismissed
EB-1C
Restaurant/Cargo
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial or e...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Computer Software
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Ability To Pay Procedural Grounds For Appeal
dismissed
EB-1C
Management
The appeal was rejected because it was filed untimely. The appeal was received 35 days after the director's decision was mailed, exceeding t...
Timeliness Of Appeal Filing
dismissed
EB-1C
Dental Supplies
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of l...
Managerial Or Executive Capacity Ability To Pay Failure To State Grounds For Appeal Untimely Filing
dismissed
EB-1C
Import/Export
The appeal was dismissed primarily because the petitioner failed to address or rebut the finding that it lacked the ability to pay the proff...
Doing Business In The U.S. Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Proffered Wage
dismissed
EB-1C
Dental Supplies
The appeal was summarily dismissed primarily on procedural grounds. The petitioner failed to identify a specific erroneous conclusion of law...
Managerial Or Executive Capacity Ability To Pay Timely Filing Of Appeal Failure To Identify Error
dismissed
EB-1C
Import And Export
The appeal was dismissed because the petitioner failed to address the issue of its ability to pay the proffered wage, which alone was suffic...
Ability To Pay Doing Business Managerial Or Executive Capacity In The U.S. Managerial Or Executive Capacity Abroad Qualifying Relationship
remanded
EB-1C
Cruise Line Industry
The case was remanded due to a procedural error by the director. After approving the petition, the director used an incorrect 'Government Mo...
One Year Of Foreign Employment Managerial Or Executive Capacity
remanded
EB-1C
Cruise Line
The decision was remanded because the director used an improper procedure to challenge a previously approved petition. The director issued a...
One Year Of Foreign Employment Managerial Or Executive Capacity Procedural Requirements For Revocation
remanded
EB-1C
Cruise Line Industry
The case was remanded due to a significant procedural error by the service center director. After initially approving the petition, the dire...
One Year Of Foreign Employment Managerial Or Executive Capacity
dismissed
EB-1C
Bakery
The director rejected the appeal as untimely filed, and the AAO concurred. The petitioner's subsequent motion to reopen was then rejected by...
Timeliness Of Appeal Jurisdiction Over Motion
dismissed
EB-1C
Management
The appeal was rejected because it was not filed in a timely manner. The appeal was filed 32 days after the Notice of Revocation was mailed,...
Timely Filing Of Appeal
dismissed
EB-1C
Bakery
The AAO rejected the petitioner's motion to reopen, finding that it lacked jurisdiction as the latest decision was made by the Service Cente...
Timeliness Of Appeal Jurisdiction For Motion To Reopen
dismissed
EB-1C
Management
The appeal was rejected because it was not filed in a timely manner. The regulations require an appeal to be filed within 15 days of the rev...
Timely Filing Of Appeal
dismissed
EB-1C
Business Consulting
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 Complexity
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish two key points. First, it did not prove that the beneficiary would be em...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Electronics 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 Management
The appeal was rejected because it was not filed in a timely manner. The regulation requires revocations to be appealed within 15 days, but ...
Timeliness Of Appeal
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment at the foreign entity was in a primari...
Managerial Capacity Of Foreign Employment Executive Capacity Of Foreign Employment Supervision Of Other Employees Discretionary Authority Primarily Managerial Duties Vs. Non-Managerial Duties
dismissed
EB-1C
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Electronics 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
Management
The appeal was rejected because it was not filed in a timely manner. The Notice of Revocation required an appeal within 15 days of service, ...
Timely Filing Of Appeal
dismissed
EB-1C
Casting Agency
The appeal was dismissed because the petitioner failed to establish key requirements for the visa. The AAO affirmed the director's finding t...
Qualifying Relationship Managerial Or Executive Capacity Foreign Entity Doing Business
dismissed
EB-1C
Casting Agency
The director's decision to deny the petition was affirmed because the petitioner failed to establish several key requirements. Specifically,...
Qualifying Relationship Between Entities Managerial Or Executive Capacity Foreign Entity Continues To Do Business
dismissed
EB-1C
Precious Metal Reclamation
The appeal was dismissed due to conflicting evidence about the U.S. company's ownership, which undermined the claim of a qualifying affiliat...
Qualifying Relationship Affiliate Definition Managerial Or Executive Capacity
dismissed
EB-1C
Website Development
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 Primarily Managerial/Executive Duties Functional Manager
dismissed
EB-1C
Industrial Equipment Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship (subsidiary or affiliate) with the beneficiary...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment with the foreign entity was primarily ...
Managerial Capacity Of Foreign Employment Executive Capacity Of Foreign Employment
dismissed
EB-1C
Food Service
The motion to reopen and reconsider was dismissed because it failed to meet procedural requirements. Counsel did not submit the required evi...
Qualifying Relationship Doing Business For One Year Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Import/Export
The initial approval was revoked after an investigation revealed the beneficiary was no longer employed by the U.S. company and the foreign ...
Failure To Identify Error Of Law Or Fact Burden Of Proof Submission Of Brief Or Evidence On Appeal
dismissed
EB-1C
Leather Goods Wholesale
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Qualifying Relationship Managerial Or Executive Capacity Staffing Levels Ownership And Control
dismissed
EB-1C
Unknown
The motion to reopen and reconsider was rejected because it was not filed within the required time frame. The decision was issued on Februar...
Timeliness Of Motion To Reopen
dismissed
EB-1C
International Trade
The motion to reopen was dismissed because the petitioner failed to state new facts supported by documentary evidence, as required by regula...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Sufficient Support Staff
dismissed
EB-1C
Petroleum Import/Export
The motion to reconsider was rejected because the prior motion was not filed in a timely manner. The petitioner's original motion was filed ...
Timely Filing Of Motion Managerial Or Executive Capacity Doing Business
dismissed
EB-1C
Corporate Development
The appeal was dismissed because the petitioner failed to establish the existence of a qualifying relationship between the U.S. and foreign ...
Qualifying Relationship Subsidiary Affiliate Ownership Control
dismissed
EB-1C
Software Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with a foreign entity as a subsidiary. The dir...
Qualifying Relationship Managerial Or Executive Capacity Ownership And Control
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was untimely filed. The appeal was received by USCIS on January 22, 2004, which was 37 days after the dir...
Timely Filing Of Appeal
dismissed
EB-1C
Franchise Business
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to submit new evidence with the motion as req...
Qualifying Relationship Doing Business For One Year Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to file a brief or provide evidence to specifically identify an erroneous c...
Failure To Identify Erroneous Conclusion Of Law Or Fact Response To Notice Of Intent To Revoke Burden Of Proof Assertions Of Counsel Not Evidence
dismissed
EB-1C
Leather Goods
The appeal was summarily dismissed because the petitioner's counsel failed to submit a promised brief or evidence within the specified timef...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Tax
The appeal was dismissed because the petitioner failed to establish that the beneficiary's prior employment with the foreign entity was prim...
Managerial Capacity Executive Capacity
dismissed
EB-1C
International Trade
The motion to reopen was dismissed because the petitioner failed to present new facts as required by regulation. Additionally, the petitione...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Petroleum
The motion to reconsider was rejected. The AAO found that the petitioner's previous motion was properly rejected as untimely because it was ...
Managerial Or Executive Capacity Doing Business Timely Filing Of Motion
dismissed
EB-1C
Corporate Development
The appeal was dismissed because the petitioner failed to resolve inconsistencies in its financial documentation regarding corporate capital...
Qualifying Relationship Parent-Subsidiary Relationship Ownership And Control
dismissed
EB-1C
Multinational Management
The appeal was rejected as untimely filed. The director's decision was issued on March 4, 2004, and the petitioner was allowed 33 days to fi...
Timeliness Of Appeal
dismissed
EB-1C
Multinational Management
The appeal was rejected as untimely filed. The decision was issued on March 4, 2004, giving the petitioner 33 days to file, but the appeal w...
Timeliness Of Appeal
dismissed
EB-1C
Restaurant Management
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not demonstrate that the beneficiary...
Managerial Or Executive Capacity Qualifying Relationship (Affiliate)
dismissed
EB-1C
Jewelry
The appeal was summarily dismissed because counsel failed to specifically identify an erroneous conclusion of law or statement of fact in th...
Managerial Or Executive Capacity Procedural Requirements For Appeal
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish that it had been doing business in the United States for one year prior ...
Doing Business For One Year Managerial Or Executive Capacity
dismissed
EB-1C
Tax Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary's duties with the foreign entity were primarily man...
Managerial Capacity Executive Capacity Qualifying Employment Abroad
dismissed
EB-1C
Management
The appeal was rejected as untimely filed. The director's decision was issued on February 20, 2004, and the appeal was received on March 26,...
Timely Filing Of Appeal
dismissed
EB-1C
Restaurant Management
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 Qualifying Relationship (Affiliate) Supervision Of Personnel Function Manager
dismissed
EB-1C
Jewelry
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
EB-1C
Manufacturing
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 Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The motion to reopen and reconsider was rejected because it was filed untimely. The motion was submitted more than 40 days after the previou...
Timely Filing Of Motion
dismissed
EB-1C
Export
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 Staffing Levels Job Duties
dismissed
EB-1C
Fragrance Distribution
The appeal was dismissed because the director had good and sufficient cause to revoke the petition's approval. Evidence showed that the peti...
Qualifying Relationship Between Entities Employment In A Managerial Or Executive Capacity Revocation For Good And Sufficient Cause Continued Operation Of The U.S. Entity
dismissed
EB-1C
Import/Distribution
While the petitioner succeeded on motion in establishing a qualifying corporate relationship with the foreign entity, the appeal was ultimat...
Qualifying Relationship Managerial Or Executive Capacity Staffing Levels
dismissed
EB-1C
Fragrance Distribution
The appeal was dismissed because the director properly revoked the petition's approval after discovering the petitioner had ceased doing bus...
Revocation For Good And Sufficient Cause Doing Business In The U.S. Managerial Or Executive Capacity Qualifying Relationship (Affiliate/Subsidiary) Eligibility At Time Of Adjustment Of Status
dismissed
EB-1C
Import/Distribution
The motion to reconsider was granted, and the petitioner successfully established a qualifying corporate relationship by submitting a previo...
Qualifying Relationship Managerial Or Executive Capacity Staffing Levels
dismissed
EB-1C
International Trade / Tourism
The appeal was dismissed primarily because the petitioner failed to offer a timely explanation or rebuttal to the director's properly issued...
Existence Of Foreign Entity Qualifying Relationship Between Entities One Year Of Employment Abroad Managerial Or Executive Capacity (U.S.) Failure To Respond To Notice Of Intent To Revoke
dismissed
EB-1C
Finance
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
International Trade / Tourism
The appeal was dismissed because the petitioner failed to submit a timely response to the director's Notice of Intent to Revoke. Per precede...
Existence Of Foreign Entity Qualifying Relationship Between U.S. And Foreign Entity One Year Of Employment Abroad Managerial Or Executive Capacity
dismissed
EB-1C
Securities Brokerage
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer as req...
Qualifying Relationship Affiliate Subsidiary Ownership Control
dismissed
EB-1C
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's position qualified as a primarily managerial capa...
Managerial Capacity Supervision Of Professional Employees Management Of An Essential Function First-Line Supervisor
dismissed
EB-1C
Hotel Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Executive Capacity Supervision Of Professional Employees First-Line Supervisor Management Of An Essential Function
dismissed
EB-1C
Freight Forwarding
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirement of specifically identifying any erroneou...
Qualifying Relationship Between Foreign And U.S. Entities Beneficiary Employed In A Managerial Or Executive Capacity Abroad Beneficiary To Be Employed In A Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Import/Wholesale Of Handicrafts And Gifts
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 Qualifying Relationship
dismissed
EB-1C
Insurance
The appeal was dismissed because the petitioner failed to prove it was currently and continuously doing business in the United States. While...
Doing Business Managerial Or Executive Capacity
dismissed
EB-1C
Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Managerial Or Executive Capacity Joint Venture Ownership And Control
dismissed
EB-1C
Electronics And Merchandise Wholesale/Retail
The appeal was dismissed because the petitioner failed to rebut the substantive grounds for revocation identified by the director. The direc...
Qualifying Foreign Employment In Managerial/Executive Capacity Qualifying U.S. Employment In Managerial/Executive Capacity Qualifying Corporate Relationship Ability To Pay Proffered Wage Authority To Revoke Petition
dismissed
EB-1C
Unknown
The appeal was rejected because it was untimely filed. The petitioner filed the appeal 34 days after the director's decision was issued, exc...
Timely Filing Of Appeal
dismissed
EB-1C
International Business
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
dismissed
EB-1C
Furniture Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Freight Forwarding
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship With Foreign Employer Employment In A Managerial Or Executive Capacity (U.S. Entity) Employment In A Managerial Or Executive Capacity (Foreign Entity)
remanded
EB-1C
Textiles
The director initially denied the petition, determining that the petitioner had not established a qualifying relationship with the beneficia...
Qualifying Relationship
dismissed
EB-1C
Insurance
The appeal was dismissed because the petitioner failed to prove it was currently 'doing business' as required by regulation. While counsel's...
Doing Business Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed
EB-1C
Export/Trade
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. petitioner and the foreign en...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Electronics And General Merchandise
The director revoked the petition after finding the petitioner failed to establish the beneficiary's qualifying employment abroad, the propo...
Employment In A Managerial Or Executive Capacity Abroad Proposed Employment In A Managerial Or Executive Capacity Qualifying Relationship Between Foreign And U.S. Entities Ability To Pay Proffered Wage Authority To Revoke An Approved Petition
dismissed
EB-1C
Multinational Executive/Manager
The appeal was rejected because it was filed untimely. The petitioner filed the appeal 34 days after the decision was issued, exceeding the ...
Timely Filing Of Appeal
remanded
EB-1C
Textiles
The director initially denied the petition, believing the petitioner had not established a qualifying relationship with the beneficiary's fo...
Qualifying Relationship
dismissed
EB-1C
Furniture Retail
The appeal was dismissed because the petitioner failed to overcome the director's grounds for revocation. The director revoked the petition ...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Travel Agency And Property Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Electrical Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executiv...
Managerial Capacity (Foreign Entity) Executive Capacity (Foreign Entity) Managerial Capacity (U.S. Entity) Executive Capacity (U.S. Entity)
dismissed
EB-1C
Jewelry Manufacturing
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of l...
Managerial Or Executive Capacity Failure To Identify Specific Error In Appeal
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