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 4 of 28
dismissed
EB-1C
Trading
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements. The petitioner did not ...
Qualifying Relationship With Foreign Employer Motion To Reopen Motion To Reconsider Revocation Of An Approved Petition Equitable Estoppel
dismissed
EB-1C
Not Specified
The motion to reopen and reconsider was rejected because it was untimely filed. The motion was filed 52 days after the AAO's decision was is...
Timeliness Of Motion To Reopen
dismissed
EB-1C
Real Estate Development / Construction
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements. For a motion to reopen,...
Managerial Or Executive Capacity Ability To Pay Proffered Wage Motion To Reopen Requirements Motion To Reconsider Requirements Revocation Standard
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 Or Executive Capacity Doing Business Ability To Pay Proffered Wage
dismissed
EB-1C
Computer Software
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship (Subsidiary/Affiliate)
dismissed
EB-1C
Retail Management
The motion to reopen and reconsider was dismissed because the petitioner failed to submit relevant new evidence or establish that the previo...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Managing An Essential Function
dismissed
EB-1C
Metal Fabrication Equipment
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements. The petitioner presente...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements Eligibility At Time Of Filing
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
dismissed
EB-1C
Metal Fabrication Equipment
The motion to reopen was dismissed because the petitioner submitted evidence of events that occurred after the petition was filed, but eligi...
Managerial Or Executive Capacity Motion To Reopen Requirements (New Facts) Motion To Reconsider Requirements
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 Beneficiary'S Job Duties Functional Manager
dismissed
EB-1C
Industrial Equipment
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship, such as a subsidiary or affiliate, ...
Qualifying Relationship (Subsidiary/Affiliate) Managerial Or Executive Capacity
dismissed
EB-1C
Handicrafts And Gifts Wholesale
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
Furniture Retail
The director revoked the initial approval because the petitioner failed to establish a qualifying relationship with the beneficiary's foreig...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Travel 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 primarily managerial or executive...
Employment In A Managerial Or Executive Capacity Abroad Employment In A Managerial Or Executive Capacity In The U.S.
dismissed
EB-1C
Jewelry
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for filing an appeal. Counsel did not s...
Managerial Or Executive Capacity Failure To Identify Specific Error On Appeal
dismissed
EB-1C
Import/Export And Trading
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements. The motion to reopen di...
Qualifying Relationship Motion To Reopen Motion To Reconsider Revocation Of An Approved Petition
dismissed
EB-1C
Multinational Management
The motion to reopen and reconsider was rejected because it was untimely filed. The motion was submitted more than 52 days after the AAO's p...
Timely Filing Of Motion
dismissed
EB-1C
Real Estate Development / Import-Export
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the regulatory requirements. The petitioner did not ...
Motion To Reopen Motion To Reconsider Managerial Or Executive Capacity Ability To Pay Proffered Wage Revocation On Notice
dismissed
EB-1C
Wholesale Trade
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 Ability To Pay Proffered Wage Qualifying Relationship Between Entities
dismissed
EB-1C
Software/Technology
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship
dismissed
EB-1C
Retail
The motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts or establish that the previous decision...
Managerial Or Executive Capacity Qualifying Relationship Doing Business
dismissed
EB-1C
Precious Metal Reclamation
The appeal was dismissed due to conflicting evidence regarding the ownership and the qualifying affiliate relationship between the U.S. and ...
Qualifying Relationship Between Entities Managerial Or Executive Capacity Conflicting Evidence
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
Unknown
The appeal was dismissed because the petitioner's counsel requested to withdraw the appeal. The AAO accepted the withdrawal and dismissed th...
dismissed
EB-1C
Equestrian Business
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 Doing Business For One Year Qualifying Foreign Employment
dismissed
EB-1C
Telecommunications/It
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the U.S. would be primarily mana...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected on procedural grounds because the AAO does not have appellate jurisdiction over its own prior decisions. The decisio...
Managerial Capacity Executive Capacity Manager Of An Essential Function
dismissed
EB-1C
Chemical Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Capacity Executive Capacity Function Manager Employment Abroad In A Qualifying Capacity
dismissed
EB-1C
Food Importation
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
Commercial Airline
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
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 Qualifying Relationship (Subsidiary/Affiliate) Doing Business For At Least One Year
dismissed
EB-1C
Nutrition Supplies
The appeal was dismissed because the petitioner failed to establish that the beneficiary will be employed in a primarily managerial or execu...
Managerial Capacity Executive Capacity
dismissed
EB-1C
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
Account Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer at the...
Qualifying Relationship Affiliate Subsidiary Continued Operation Of Foreign Entity
dismissed
EB-1C
Rugs
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 Qualifying Relationship
sustained
EB-1C
Banking
The director denied the petition because the specific foreign branch where the beneficiary was last employed had closed, concluding the qual...
Qualifying Relationship Same Employer Branch Office One Year Of Foreign Employment
dismissed
EB-1C
Wood 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 Ineffective Assistance Of Counsel
dismissed
EB-1C
Manufacturing
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
dismissed
EB-1C
Management
The appeal was dismissed based on its withdrawal by the petitioner's counsel. The Administrative Appeals Office did not make a decision on t...
dismissed
EB-1C
Business
The motion to reconsider was dismissed on procedural grounds. The petitioner failed to file the motion within the required 30-day period and...
Timely Filing Of Motion To Reconsider Procedural Requirements For Motions Managerial Or Executive Capacity
dismissed
EB-1C
Business
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Ability To Pay Qualifying Relationship Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.)
dismissed
EB-1C
Restaurant
The appeal was rejected because it was improperly filed. The appeal was signed and filed by an attorney representing the beneficiary, but re...
Standing To File Appeal Ability To Pay Proffered Wage
dismissed
EB-1C
Management
The motion to reopen was dismissed on procedural grounds. The petitioner filed the motion 43 days after the decision, exceeding the 30-day t...
Timeliness Of Motion (8 C.F.R. § 103.5(A)(L)(I)) Statement Regarding Judicial Proceedings (8 C.F.R. § 103.5(A)(L)(Iii)(C)) Submission Of New Facts/Evidence With Motion To Reopen (8 C.F.R. § 103.5(A)(2)) Submission Of Legal Arguments With Motion To Reconsider (8 C.F.R. § 103.5(A)(3))
dismissed
EB-1C
Business Management
The appeal was rejected because the underlying petition was denied due to abandonment for failure to respond to a Request for Evidence. Regu...
Denial Due To Abandonment Failure To Respond To Request For Evidence Jurisdiction Motion To Reopen/Reconsider Vs. Appeal
dismissed
EB-1C
Unspecified
The appeal was rejected because it was not properly filed. The appeal was submitted by an attorney representing the beneficiary, but regulat...
Standing To Appeal Improper Filing Of Appeal
dismissed
EB-1C
Management
The appeal was rejected as improperly filed because it was submitted 29 days after the director's decision, exceeding the 15-day filing dead...
Timely Filing Of Appeal Requirements For Motion To Reopen Requirements For Motion To Reconsider Petitioner Corporate Status
dismissed
EB-1C
Diamond Import/Export
The appeal was summarily dismissed on procedural grounds. The petitioner indicated on the Form I-290B that a brief would be submitted but fa...
One Year Of Experience Abroad Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Real Estate Development
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Between U.S. And Foreign Entities Ownership And Control
dismissed
EB-1C
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily m...
Managerial Capacity (Foreign Employment) Managerial Capacity (U.S. Employment)
dismissed
EB-1C
Real Estate
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
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
International Trade
The appeal was dismissed because the petitioner, an office of an agency of the Government of Korea, was not considered a qualifying 'United ...
U.S. Employer Eligibility Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship
dismissed
EB-1C
Retail
The appeal was dismissed, affirming the director's decision to revoke the petition. The revocation was based on findings of material misrepr...
Qualifying Relationship Managerial/Executive Capacity Doing Business For At Least One Year Foreign Entity Doing Business Misrepresentation
dismissed
EB-1C
Jewelry
The appeal was rejected primarily on procedural grounds. The AAO determined that a denial due to abandonment may not be appealed, the appeal...
Denial Due To Abandonment Timeliness Of Appeal Standing To Appeal Qualifying Relationship Managerial Or Executive Capacity Ability To Pay
sustained
EB-1C
Information Technology
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary was employed abroad and would be employed in ...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S.
dismissed
EB-1C
Retail Investment
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer due to...
Qualifying Relationship Doing Business Abroad Managerial Or Executive Capacity Ability To Pay Wage
dismissed
EB-1C
Import/Wholesale
The director's decision to revoke the petition was affirmed because the petitioner failed to establish it was 'doing business' in the United...
Doing Business Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Marble Products
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 Staffing Levels
dismissed
EB-1C
Restaurant
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
dismissed
EB-1C
Stone Trading
The appeal concerns a motion to reconsider the rejection of a motion to reopen. The AAO affirmed the rejection because the prior motion was ...
Qualifying Employment Abroad Qualifying Offered Position Doing Business For One Year Ineffective Assistance Of Counsel Timely Filing Of Motion
dismissed
EB-1C
Petroleum Consulting
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial or executive cap...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Carpet Services
The motion to reopen was dismissed because the petitioner failed to provide new facts, as required by regulation. The petitioner attempted t...
Managerial Or Executive Capacity Job Duties
dismissed
EB-1C
Export
The motion to reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present new precedent d...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Data Storage Technology
The appeal was dismissed because the petitioner failed to establish three key requirements for the visa category. The director determined, a...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay
dismissed
EB-1C
Wholesale And Retail
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying managerial or executive ca...
Managerial Or Executive Capacity Sufficient Support Staff Ability To Pay Proffered Wage
dismissed
EB-1C
Business Development
The motion to reopen and reconsider was dismissed because it failed to meet regulatory requirements. The motion to reopen did not present ne...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Doing Business Ability To Pay Motion To Reopen/Reconsider Standards
remanded
EB-1C
Business Operations
The appeal was remanded because the director's initial reason for denial, which was based on a failure to establish a qualifying relationshi...
Qualifying Relationship Managerial Or Executive Capacity Doing Business For At Least One Year Simultaneous Business Operations
dismissed
EB-1C
Software Development And Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Subsidiary Affiliate Ownership Control
dismissed
EB-1C
Shipping
The appeal was dismissed because the director's revocation was affirmed. The petitioner failed to demonstrate it was 'doing business' in the...
Doing Business For At Least One Year Definition Of Doing Business Qualifying Employment Abroad
dismissed
EB-1C
Retail Business
The appeal was dismissed because the petitioner failed to establish two key requirements. The director found the petitioner did not prove th...
Employment In A Managerial Or Executive Capacity (U.S.) Employment In A Managerial Or Executive Capacity (Abroad)
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision does not discuss the merits o...
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish the beneficiary had the requisite one year of employment abroad with a q...
One Year Of Employment Abroad Managerial/Executive Capacity (Foreign Role) Managerial/Executive Capacity (U.S. Role) Ability To Pay
dismissed
EB-1C
Real Estate Development
The motion to reopen was dismissed because it failed to state new facts supported by documentary evidence, as required by regulation. The pe...
Managerial Or Executive Capacity Doing Business For At Least One Year
sustained
EB-1C
Non-Profit
The director initially denied the petition, finding the petitioner failed to establish that the beneficiary would be employed in a qualifyin...
Managerial Or Executive Capacity
dismissed
EB-1C
Chemical Food Additives
The appeal was dismissed because the petitioner failed to overcome the two grounds for denial identified by the director. The petitioner did...
Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Food Distribution
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
dismissed
EB-1C
Freight Forwarding And Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Beauty Salon
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 Supervision Of Staff
dismissed
EB-1C
Janitorial And Landscaping Services
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 Beneficiary'S Proposed Duties Organizational Structure
dismissed
EB-1C
Wholesale Diamond Sales
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the benefi...
Managerial Or Executive Capacity Qualifying Relationship Between Entities
remanded
EB-1C
Metal Building Materials Wholesale
The appeal was remanded because the AAO found the director made errors in the initial denial. The director improperly dismissed evidence of ...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Investment 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 Doing Business
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Tattoo Studio
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 (U.S.) Ability To Pay Proffered Wage
dismissed
EB-1C
Non-Profit 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
dismissed
EB-1C
Engineering Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed. The dismissal was not based on the merits of the case, but rather because counsel for the petitioner requested tha...
sustained
EB-1C
Business Management
The initial petition was denied on three grounds: failure to establish the beneficiary's employment abroad and in the U.S. was in a manageri...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Foreign And U.S. Entities
dismissed
EB-1C
Real Estate
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove that the beneficiary would...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. petitioner and the beneficiar...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
sustained
EB-1C
Business Management
The appeal was sustained because the director's grounds for denial were found to be unwarranted. The AAO determined the petitioner provided ...
Doing Business In The U.S. Managerial Or Executive Capacity
dismissed
EB-1C
Industrial Products
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 Foreign Employment
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship existed with the beneficiary's foreign em...
Qualifying Relationship Managerial Or Executive Capacity Functional Manager
dismissed
EB-1C
Finance
The director denied the petition because the petitioner failed to establish its ability to pay the beneficiary's proffered wage for the year...
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 primarily managerial or exec...
Managerial Or Executive Capacity Qualifying Employment
dismissed
EB-1C
Marketing And Media
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for an appeal. Counsel failed to specif...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Failure To Identify Error On Appeal
remanded
EB-1C
Management
The director's decision to revoke the petition was withdrawn and the case was remanded due to a procedural error. The director revoked the p...
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Ability To Pay Managerial Or Executive Capacity (Abroad) Doing Business For At Least One Year
dismissed
EB-1C
Business Management
The appeal was summarily dismissed based on a procedural failure. The petitioner did not specifically identify any erroneous conclusion of l...
Employment In A Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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