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 6 of 28
dismissed
EB-1C
Import/Export
The appeal was summarily dismissed because the petitioner failed to provide a basis for the appeal. After indicating that a brief and/or evi...
Managerial Or Executive Capacity (Foreign Entity) Managerial Or Executive Capacity (U.S. Entity)
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
Business
The appeal was dismissed because the AAO concluded that the petitioning U.S. entity did not legally exist. An investigation found no record ...
Existence Of U.S. Entity Qualifying Relationship Fraud And Misrepresentation
dismissed
EB-1C
Business Administration
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role abroad and the proposed U.S. position were p...
Managerial Capacity Executive Capacity Employment Abroad
dismissed
EB-1C
Garments And Textiles
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the U.S. c...
Managerial Or Executive Capacity Doing Business For At Least One Year
sustained
EB-1C
Shipping
The appeal was sustained because the AAO determined that a comprehensive analysis of the company's organizational structure, which included ...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The U.S. In A Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Karaoke Systems
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary's...
Qualifying Relationship Managerial Capacity Executive Capacity Prior Employment Abroad
dismissed
EB-1C
Heavy Machinery And Engineering
The motion to reopen and reconsider was dismissed primarily because it was untimely filed, 88 days after the AAO's decision, well beyond the...
Timeliness Of Motion Managerial Or Executive Capacity Relationship Between L-1A And Eb-1C Petitions Requirements For A Motion To Reconsider
dismissed
EB-1C
Software Sales And Consulting
The appeal was dismissed. Although the AAO found that the petitioner had established a qualifying parent-subsidiary relationship, overturnin...
Qualifying Relationship Ability To Pay
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
dismissed
EB-1C
Import And Export
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. Specifically, the p...
Qualifying Relationship Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Ability To Pay
dismissed
EB-1C
Entertainment Production
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
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 Employment Abroad For One Year Doing Business For One Year
dismissed
EB-1C
Automotive 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
dismissed
EB-1C
Management
The appeal was rejected as improperly filed because the beneficiary, not the petitioner, submitted the appeal. U.S. Citizenship and Immigrat...
Standing Of Beneficiary To Appeal Proper Filing Of Appeal
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Business Management
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 Error On Appeal
dismissed
EB-1C
Business 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
Import, Export, And Land Development
The appeal was rejected primarily because it was filed untimely, 30 days after the notice of revocation was served, exceeding the 15-day lim...
Ability To Pay Proffered Wage Timeliness Of Appeal Net Income Analysis Net Current Assets Analysis Inconsistencies In Financial Records
dismissed
EB-1C
Retail
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
Food And 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
Graphic Design
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
Software Engineering
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The AAO found that th...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Education
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 Qualifying Capacity Prospective Employment In A Qualifying Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
International Trade
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 Staffing Levels
dismissed
EB-1C
Construction Services
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
Retail
The motion to reconsider was dismissed because it failed to demonstrate that the prior decision was based on an incorrect application of law...
Managerial Or Executive Capacity Detailed Job Duties Ac21 Portability
dismissed
EB-1C
Retail
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
sustained
EB-1C
Airline
The director initially denied the petition, finding that the petitioner failed to establish the beneficiary would be employed in a qualifyin...
Managerial Capacity Executive Capacity Supervision Of Professional, Supervisory, Or Managerial Employees
dismissed
EB-1C
Business Management
The appeal was rejected because it was improperly filed. The petitioner attempted to appeal a prior decision from the Administrative Appeals...
Managerial Or Executive Capacity Jurisdiction
dismissed
EB-1C
Business
The appeal was dismissed because, although the AAO withdrew two of the director's grounds for revocation concerning the multinational status...
Qualifying Relationship Between U.S. And Foreign Entities Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity Ability To Pay Proffered Wage Multinational Entity Status
dismissed
EB-1C
Finance
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's specific foreign employ...
Qualifying Relationship Subsidiary Affiliate
remanded
EB-1C
Plant Management
The director incorrectly denied the petition on the basis that the beneficiary was already a lawful permanent resident. The AAO determined t...
Prior Employment Abroad For One Year In A Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities U.S. Employer Has Been Doing Business For At Least One Year Beneficiary'S Proposed Role Is Primarily Managerial Or Executive Definition Of Managerial And Executive Capacity
dismissed
EB-1C
Food Service
The motion to reconsider was dismissed as untimely filed, having been received one day after the deadline. Additionally, the motion failed t...
Qualifying Relationship Parent-Subsidiary Relationship Affiliate Relationship Common Ownership And Control Motion Filing Requirements (Timeliness)
dismissed
EB-1C
Commerce
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 Job Duties Organizational Structure Staffing Levels
dismissed
EB-1C
Jewelry
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish two key points: that the beneficiary would be employed in a qualifying m...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Unknown
The motion to reopen was dismissed primarily because it was filed untimely, 43 days after the decision, outside the 30-day window. The motio...
Timely Filing Of Motion Doing Business For At Least One Year Successor-In-Interest Proper Corporate Status
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary's...
Qualifying Relationship Ability To Pay Managerial Or Executive Capacity
dismissed
EB-1C
Retail 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 Staffing Levels Supervision Of Personnel
dismissed
EB-1C
Electronics Refurbishment
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 Between Entities
sustained
EB-1C
Fiberglass Distribution
The initial petition was denied for failing to establish that the beneficiary was employed in a qualifying managerial or executive capacity,...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Wholesale/Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role would be primarily managerial or ex...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Marketing
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 Doing Business In The U.S.
dismissed
EB-1C
E-Commerce
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
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship existed with the beneficiary's foreign em...
Qualifying Relationship Affiliate Subsidiary Managerial Or Executive Capacity
dismissed
EB-1C
Car Dealership
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The motion to reopen did not provid...
Managerial Or Executive Capacity (U.S. Position) Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity (Foreign Position)
remanded
EB-1C
Operations Management
The director's initial denial, based on the lack of a qualifying relationship between the U.S. petitioner and the foreign employer, was with...
Qualifying Relationship Managerial Capacity Abroad Executive Capacity Abroad Managerial Capacity In The U.S. Executive Capacity In The U.S.
dismissed
EB-1C
Marketing And Sales
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 Qualifying Employment Abroad
dismissed
EB-1C
Retail
The appeal was dismissed because the director correctly denied the initial petition, which was filed for an EB-1C multinational manager, for...
Failure To Submit Initial Evidence Qualifying Foreign Employment Managerial Or Executive Capacity Qualifying Corporate Relationship Ability To Pay Wage
dismissed
EB-1C
Granite Sales
The appeal was summarily dismissed for procedural reasons. The petitioner failed to identify any specific erroneous conclusion of law or sta...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship
dismissed
EB-1C
Merchandising
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
dismissed
EB-1C
Mechanical Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The appeal was rejected as untimely filed. The petitioner filed the appeal 26 days after the director's decision, which exceeded the filing ...
Timeliness Of Appeal Petitioner'S Continued Existence
dismissed
EB-1C
Technology Investment Management
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Computer Software
The director denied the petition on three independent grounds: the petitioner failed to establish that the beneficiary would be employed in ...
Managerial Or Executive Capacity (Us Position) Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship
dismissed
EB-1C
Software Development
The director denied the petition on three grounds: failure to establish the beneficiary would be employed in a primarily managerial or execu...
Managerial Capacity Executive Capacity Qualifying Relationship Staffing Levels
dismissed
EB-1C
Multinational Management
The appeal was rejected as it was filed untimely. The appeal was received 35 days after the director's decision was issued, which is outside...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage from the priority da...
Ability To Pay Proffered Wage Managerial Or Executive Capacity
dismissed
EB-1C
Water Purification
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a primari...
Managerial Capacity Executive Capacity
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
dismissed
EB-1C
Telecommunications
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director concluded that the petitioner did n...
Managerial Capacity Executive Capacity Doing Business For One Year
dismissed
EB-1C
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary's position as an assistant restaurant manager was p...
Managerial Capacity Executive Capacity First-Line Supervisor
dismissed
EB-1C
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Job Duties Organizational Structure
dismissed
EB-1C
Oil And Gas
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 Employment In The U.S. First-Line Supervisor Supervision Of Professional Employees Function Manager
dismissed
EB-1C
Applications Development
The appeal was rejected because the underlying petition was denied for abandonment after the petitioner failed to respond to a Request for E...
Failure To Respond To Rfe Abandonment Improper Filing Of Appeal Notice Of Representation (Form G-28)
dismissed
EB-1C
Operations 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
Import/Export
The appeal was dismissed because the petitioner failed to establish two key points: that the beneficiary was employed abroad in a qualifying...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to prove the beneficiary was employed abroad in a qualifying managerial or executive ...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Qualifying Corporate Relationship
dismissed
EB-1C
Multinational Management
The appeal was rejected as improperly filed. The regulations state that the beneficiary of a visa petition is not a recognized party in the ...
Improper Filing Of Appeal Authorized Representation (Form G-28) Beneficiary'S Standing To Appeal
dismissed
EB-1C
Television Production And Broadcasting
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 Function Manager
dismissed
EB-1C
Multinational Management
The appeal was dismissed because the petitioner formally requested to withdraw it. The decision was not based on the merits of the case, but...
Withdrawal Of Appeal
dismissed
EB-1C
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying Proposed U.S. Employment
dismissed
EB-1C
Manufacturing
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
Unknown
The appeal was dismissed as untimely filed. USCIS received the appeal with the correct filing fee 48 days after the denial was issued, which...
Timely Filing Of Appeal Incorrect Filing Fee Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Common Ownership And Control Affiliate Subsidiary
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship existed with the beneficiary's foreign em...
Qualifying Relationship Affiliate/Subsidiary Definition Continued Operation Of Foreign Entity
dismissed
EB-1C
Architecture/Design
The appeal was dismissed because the petitioner failed to establish a qualifying corporate relationship between the U.S. petitioner and the ...
Qualifying Relationship Affiliate Subsidiary
dismissed
EB-1C
Construction 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 Qualifying Relationship
dismissed
EB-1C
Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Ability To Pay Qualifying Relationship Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner requested that the appeal be withdrawn. The decision was not based on the merits of the case...
dismissed
EB-1C
Non-Profit Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed duties in the U.S. would be primarily in...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was untimely filed. The petitioner submitted the appeal 88 days after the decision was issued, well beyon...
Untimely Filing Motion To Reopen Motion To Reconsider Filing Deadline
dismissed
EB-1C
Purchasing
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
remanded
EB-1C
Management
The AAO withdrew the district director's decision and remanded the case because the record of proceeding was incomplete. The original Form I...
Managerial Or Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was dismissed because the petitioner requested its withdrawal on September 22, 2009. The decision was not based on the merits of ...
dismissed
EB-1C
Handyman Services
The appeal was rejected as untimely filed. The director's decision was issued on May 13, 2009, and the appeal was received 35 days later, wh...
Timely Filing Of Appeal Qualifying Employment Abroad
dismissed
EB-1C
Clothing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business 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
Business
The appeal was rejected as untimely filed. The petitioner initially submitted the appeal without the correct filing fee, and the resubmissio...
Timely Filing Of Appeal Correct Filing Fee Ability To Pay Proffered Wage
dismissed
EB-1C
Technical Management
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 Common Ownership And Control
dismissed
EB-1C
Shoe Wholesale
The appeal was dismissed because the petitioner failed to establish it had been 'doing business' for at least one year prior to filing the p...
Doing Business For At Least One Year Managerial Or Executive Capacity
dismissed
EB-1C
Trust Fund Management
The appeal was summarily dismissed because the petitioner's counsel explicitly conceded that the beneficiary does not qualify as a multinati...
Employment In A Primarily Managerial Or Executive Capacity In The U.S. Employment In A Primarily Managerial Or Executive Capacity Abroad Qualifying Relationship Between U.S. And Foreign Entities
dismissed
EB-1C
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on February 18, 2009, but the appeal was not succe...
Timeliness Of Appeal
dismissed
EB-1C
Business Management
The appeal was dismissed because the petition was improperly filed by the foreign parent company, not the prospective U.S. employer, as requ...
U.S. Employer Requirement Doing Business For At Least One Year Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to address the director's grounds for denial, specifically that the petitioner did no...
Managerial Or Executive Capacity Staffing Composition Primarily Performing Qualifying Tasks Failure To Identify Error On Appeal
dismissed
EB-1C
Technical Support
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
remanded
EB-1C
Business
The director's denial for a missing support letter was withdrawn because the letter was, in fact, in the record. However, the case was reman...
Qualifying Employment Abroad Qualifying Offered Position In The U.S. Doing Business For At Least One Year
dismissed
EB-1C
Furniture Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity (U.S.)
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