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 5 of 28
sustained
EB-1C
Industrial Engineering
The director initially denied the petition for failing to establish that the beneficiary was employed abroad, and would be employed in the U...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Flooring
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
Jewelry
The appeal was dismissed because the petitioner failed to establish a continuous qualifying relationship between the U.S. company and the be...
Qualifying Relationship Managerial Or Executive Capacity Successor-In-Interest
dismissed
EB-1C
Exporting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Footwear
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The petitioner clai...
Qualifying Relationship Between Foreign And U.S. Entities Beneficiary'S Role As Manager Or Executive
dismissed
EB-1C
Cargo Transportation
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 Procedural Grounds For Appeal Ineffective Assistance Of Counsel
dismissed
EB-1C
Automatic Control Valves
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the United States qualified ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Flower Distribution
The appeal was summarily dismissed on procedural grounds. The petitioner filed an appeal but failed to submit a brief or any additional info...
Qualifying Business Relationship Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The Us
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Products
The director denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying capacity and would be emp...
Managerial Capacity Executive Capacity Abroad Employment Capacity
dismissed
EB-1C
Building Trade
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Ability To Pay Qualifying Employment Abroad (Managerial/Executive) Failure To State Grounds For Appeal
dismissed
EB-1C
Property Management
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 Doing Business For At Least One Year Qualifying Relationship One Year Of Foreign Employment
dismissed
EB-1C
Banking
The appeal was dismissed as moot. The director initially denied the petition because the petitioner failed to submit supporting evidence, bu...
Failure To Submit Evidence Mootness
dismissed
EB-1C
Household Products
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 Definition Of Managerial Capacity Definition Of Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected and dismissed because it was filed untimely. The appeal was received 31 days after the director's decision, well bey...
8 C.F.R. § 205.2(D) 8 C.F.R. § 103.2(A)(7)(I) 8 C.F.R. § 103.3(A)(2)(V)(B)(2) 8 C.F.R. § 103.5(A)(2) 8 C.F.R. § 103.5(A)(3)
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the United States would be...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Sales Management
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Qualifying Relationship With Foreign Employer Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Cosmetics
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad by a qualifying foreign entity ...
One Year Of Foreign Employment Qualifying Relationship
dismissed
EB-1C
Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment
dismissed
EB-1C
Airline
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Employment Abroad In A Managerial Or Executive Capacity Definition Of Managerial Capacity First-Line Supervisor Distinction
dismissed
EB-1C
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Retail
The 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 Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Gas Station/Convenience Store
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 Staffing Levels Organizational Structure
dismissed
EB-1C
Business Management
The appeal was rejected as improperly filed because the attorney filed on behalf of the beneficiary, who is not a recognized party in the pr...
Qualifying Managerial Or Executive Capacity Abroad Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Relationship Between Entities Proper Filing Of Appeal By An Affected Party
remanded
EB-1C
Retail Trade
The director revoked the petition on the sole basis that the petitioner failed to respond to a Notice of Intent to Revoke (NOIR). Although t...
Qualifying Managerial Or Executive Capacity In The U.S. Qualifying Relationship With A Foreign Entity Actively Doing Business Qualifying Managerial Or Executive Capacity Abroad
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusions of law or fact made by t...
Managerial Or Executive Capacity Doing Business For At Least One Year Failure To Identify Specific Errors On Appeal
dismissed
EB-1C
Jewelry
The appeal was dismissed because the petitioner failed to provide sufficient credible evidence to prove that the beneficiary would be employ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Information Technology
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
remanded
EB-1C
Retail Clothing
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
Managerial Capacity Executive Capacity
remanded
EB-1C
Retail Clothing
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner's counsel formally withdrew the appeal. The AAO received confirmation of the withdrawal from...
dismissed
EB-1C
Apparel Manufacturing
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
dismissed
EB-1C
Apparel
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. entity and the fore...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Medical/Beauty Products Wholesale
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered wage at the time of fil...
Ability To Pay Proffered Wage Managerial Or Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to provide sufficient documentation establishing a qualifying corporate relationship ...
Qualifying Relationship Managerial Capacity (Foreign Employment) Managerial Capacity (U.S. Employment)
dismissed
EB-1C
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position)
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
dismissed
EB-1C
Apparel Industry
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a pri...
Managerial Capacity Of Us Position Executive Capacity Of Us Position Managerial Capacity Of Foreign Position Staffing Levels
dismissed
EB-1C
Concrete Manufacturing
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Relationship
dismissed
EB-1C
Office Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role would be primarily managerial or ex...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Wholesale And Retail Trade
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
dismissed
EB-1C
Automotive 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
dismissed
EB-1C
Skylight Installation
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it did not prove it had been engaged in the...
Doing Business In The U.S. For At Least One Year Ability To Pay Proffered Wage
dismissed
EB-1C
Business
The appeal was rejected because it was improperly filed by the beneficiary's attorney, not the petitioning company. Regulations prohibit a b...
Doing Business Abroad Doing Business In The U.S. Qualifying Relationship One Year Of Foreign Employment Managerial Or Executive Capacity (Foreign Role) Managerial Or Executive Capacity (U.S. Role)
dismissed
EB-1C
Retail
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
Car Care Services
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a qualifying manageria...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Maintenance 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
Cleaning 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
Leather Products
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
Refurbishment Services
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Leather Apparel And Accessories
The appeal was dismissed because the petitioner failed to establish two key points. First, it was not proven that the beneficiary would be e...
Managerial Capacity Executive Capacity Employment With Foreign Affiliate
dismissed
EB-1C
Video Content Delivery
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 voluntarily requested to withdraw it. The merits of the case were not discussed.
dismissed
EB-1C
Import/Export
The motion to reconsider was rejected as untimely filed, having been submitted nearly two months past the deadline without a reasonable excu...
Managerial Or Executive Capacity Staffing Levels Ability To Pay
dismissed
EB-1C
Business
The appeal was dismissed because the AAO reopened the case and found evidence from the California Secretary of State that the petitioning co...
Petitioner'S Viability Bona Fide Job Offer
dismissed
EB-1C
Transportation Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was purely procedural and bas...
Withdrawal Of Appeal
dismissed
EB-1C
Retail Business
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
Multinational Management
The appeal was dismissed because the petitioner's counsel formally requested to withdraw it. The AAO acted on this request and dismissed the...
dismissed
EB-1C
Fashion Accessories
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Freight Forwarding
The AAO rejected the petitioner's motion to reopen and reconsider because it was untimely filed, received 36 days after the previous decisio...
Employment In A Primarily Managerial Or Executive Capacity
sustained
EB-1C
Engineering
The appeal was sustained because the petitioner, on appeal, provided sufficient evidence and explanation to overcome the director's findings...
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was improperly filed by counsel. The submitted Form G-28 was not properly executed, as the signature of t...
Improperly Filed Appeal (Form G-28)
dismissed
EB-1C
Business Management
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
Business
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 In The U.S. For At Least One Year Ongoing Business Of Foreign Entity Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
International Shipping
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 Qualifying Us Employment
dismissed
EB-1C
Petroleum Trading
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
Retail Trade And Investments
The petitioner filed a motion to reopen/reconsider the AAO's prior dismissal of their appeal. The motion was dismissed because it failed to ...
Employment In A Managerial Or Executive Capacity (U.S. Position) Employment In A Managerial Or Executive Capacity (Foreign Position) Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Computer Software
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
Compressor Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity, or would be emp...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role qualified as a primarily managerial...
Managerial Capacity Executive Capacity
sustained
EB-1C
Marble Products
The appeal was sustained because the director incorrectly determined that a qualifying relationship did not exist. The director erroneously ...
Qualifying Relationship (Affiliate/Subsidiary)
dismissed
EB-1C
Jewelry
The director denied the petition, concluding that the petitioner did not establish that the beneficiary would be employed in the United Stat...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food Industry
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
dismissed
EB-1C
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role would be primarily managerial. The director ...
Managerial Capacity Executive Capacity First-Line Supervisor Supervision Of Personnel Staffing Levels
dismissed
EB-1C
Unknown
The appeal was rejected as improperly filed because the attorney who filed the appeal did not submit a properly executed Form G-28 demonstra...
Improper Filing Of Appeal Lack Of Valid Form G-28 For Petitioner
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 Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the United States would be p...
Managerial Capacity Executive Capacity Job Duties Supervision Of Employees
dismissed
EB-1C
Business Administration
The motion to reopen and reconsider was dismissed. The petitioner failed to provide new facts or evidence that was previously unavailable, w...
Managerial Capacity Executive Capacity Motion To Reopen Requirements
dismissed
EB-1C
Textile Industry
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Failure To Identify Erroneous Conclusion Of Law Or Fact Managerial Or Executive Capacity Petitioner'S Continued Existence
dismissed
EB-1C
Electronics
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 For At Least One Year Qualifying Relationship
dismissed
EB-1C
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign emplo...
Qualifying Relationship Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The Us
dismissed
EB-1C
Retail
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 Staffing Levels Organizational Structure
dismissed
EB-1C
Oil And Gas
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying manager...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Software 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 Managerial Or Executive Capacity Ownership And Control
dismissed
EB-1C
Footwear
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific error of law or fact in the director's d...
Qualifying Managerial/Executive Capacity Abroad Qualifying Managerial/Executive Capacity In The U.S.
dismissed
EB-1C
Automotive Manufacturing
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship with the beneficiary's foreign emplo...
Qualifying Relationship Affiliate Subsidiary Managerial Or Executive Capacity
dismissed
EB-1C
Seafood Import/Export
The appeal was dismissed because the petitioner failed to establish it was able to employ the beneficiary in a qualifying managerial or exec...
Managerial Capacity Executive Capacity Organizational Structure/Staffing
dismissed
EB-1C
Theme Park Ride Design
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage of $39,988. The evidence showed ...
Ability To Pay Proffered Wage Managerial Or Executive Capacity
sustained
EB-1C
Semiconductor Manufacturing
The director initially denied the petition, finding the petitioner failed to establish that the beneficiary would be employed in a qualifyin...
Managerial Capacity Executive Capacity Function Manager
sustained
EB-1C
Polymer Manufacturing
The appeal was sustained because the AAO disagreed with the director's assessment of the beneficiary's role. The AAO found that the petition...
Employment With A Qualifying Entity Abroad Qualifying Managerial Or Executive Capacity
sustained
EB-1C
Food Products
The director denied the petition, finding the beneficiary would not be employed in a qualifying managerial or executive capacity. The appeal...
Managerial Or Executive Capacity
sustained
EB-1C
Telecommunications
The appeal was sustained because the director incorrectly calculated the three-year look-back period from the beneficiary's most recent L-1A...
One Year Of Qualifying Employment Abroad Managerial Or Executive Capacity Calculating The Relevant Three-Year Period
dismissed
EB-1C
Multinational Management
The appeal was dismissed because the petitioner formally requested that the appeal be withdrawn. The AAO dismissed the matter based on this ...
dismissed
EB-1C
Textiles
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
Food Distribution
The motion to reconsider was granted, but the prior decision to dismiss the appeal was affirmed. The petitioner failed to establish that the...
Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Staffing Levels
dismissed
EB-1C
Wholesale Trade
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
Logistics/Shipping
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. role would be primarily managerial ...
Managerial Or Executive Capacity (Foreign Position) Managerial Or Executive Capacity (U.S. Position) Ability To Pay Proffered Wage
dismissed
EB-1C
Construction Equipment Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a qualify...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Proposed Employment In The U.S.
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