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 7 of 28
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The AAO found signi...
Qualifying Relationship Between U.S. And Foreign Entities Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S. Position)
dismissed
EB-1C
Management Consulting
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's proposed job duti...
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 Management
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 Qualifying Relationship With Foreign Entity One Year Of Prior Employment Abroad
dismissed
EB-1C
Import/Distribution
The motion to reopen and reconsider was dismissed for procedural failures. The petitioner did not provide new evidence for a motion to reope...
Managerial Or Executive Capacity (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Doing Business For One Year Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish it had been doing business in the United States for at least one year pr...
Doing Business For One Year Ability To Pay Proffered Wage Qualifying Managerial/Executive Capacity
dismissed
EB-1C
Marketing
The director initially denied the petition because the petitioner failed to establish it had been doing business in the U.S. for one year pr...
Doing Business For One Year Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-1C
Unknown
The appeal was rejected as untimely filed. The petitioner filed the appeal 35 days after the director's decision was issued, which exceeded ...
Timeliness Of Appeal Motion To Reopen Or Reconsider
dismissed
EB-1C
Finance
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity (Foreign Employment) Executive Capacity (Foreign Employment) Managerial Capacity (U.S. Employment) Executive Capacity (U.S. Employment)
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The o...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Business Administration
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary was not employed abroad in a ...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In A U.S. Managerial Or Executive Capacity
remanded
EB-1C
Business
The AAO remanded the case, withdrawing the director's denial. Although the AAO found the director erred in concluding there was no qualifyin...
Qualifying Relationship Doing Business Abroad Qualifying Prior Employment Qualifying Proposed Employment
sustained
EB-1C
Business Management
The director denied the petition, finding the petitioner failed to establish the beneficiary was employed abroad and would be employed in th...
Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Definition Of Managerial Capacity Definition Of Executive Capacity Organizational Structure And Staffing Levels
dismissed
EB-1C
Aviation
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
Multinational Management
The appeal was rejected because it was an improper second appeal, for which there is no legal provision. Additionally, the appeal was filed ...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Filing Of Multiple Appeals
dismissed
EB-1C
Information Technology
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. petitioner and the foreign em...
Qualifying Relationship Affiliate Subsidiary Ownership
remanded
EB-1C
Business Management
The matter was remanded because the director's initial denial, based on a supposedly missing document, was erroneous. However, the AAO found...
Qualifying Employment Abroad In A Managerial/Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities (Ownership And Control) Managerial/Executive Capacity Of Proposed U.S. Position
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish two key requirements. First, it was not proven that the beneficiary was ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad and would be employed in the U....
Qualifying Employment Abroad Managerial Or Executive Capacity
dismissed
EB-1C
Retail And Construction
The appeal was dismissed because the petitioner failed to establish that it had been doing business in the United States for at least one ye...
Doing Business For At Least One Year Managerial Or Executive Capacity
dismissed
EB-1C
Security Services
The motion to reopen was granted, but the underlying decision dismissing the appeal was affirmed. While the petitioner overcame initial adve...
Qualifying Relationship Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment Multinational Entity Status
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. Althoug...
Qualifying Relationship (Affiliate/Subsidiary) Doing Business For At Least One Year
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...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Business Management
The appeal was dismissed because the petitioner did not have the requisite qualifying relationship with the beneficiary's foreign employer a...
Qualifying Relationship (Subsidiary/Affiliate) Timing Of Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Management
The appeal was dismissed because the petitioner voluntarily withdrew it. The AAO did not rule on the merits of the case.
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner, a U.S. corporation, failed to establish its ability to pay the beneficiary's proffered wage...
Ability To Pay Proffered Wage
dismissed
EB-1C
Product 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 Job Duties Organizational Structure
dismissed
EB-1C
Venture Capital
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 Job Duties Organizational Hierarchy/Staffing Ability To Pay
dismissed
EB-1C
Cocoa Processing
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 Employment Abroad Proposed U.S. Employment
dismissed
EB-1C
Import/Export
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 Relationship
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The decision was not made on the merits...
dismissed
EB-1C
Garment Distribution
The appeal was rejected as untimely filed because it was submitted 30 days after the decision was issued, exceeding the regulatory time limi...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Managerial Or Executive Capacity
dismissed
EB-1C
Research And Development
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 Primarily Managerial Or Executive Capacity Employment In The U.S. In A Primarily Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Definition Of Managerial Capacity Definition Of Executive Capacity
dismissed
EB-1C
Business Management
The director denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying managerial or executive c...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. The director found, and the AAO ...
Employer-Employee Relationship Managerial Or Executive Capacity Beneficiary Ownership And Control
dismissed
EB-1C
Management
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to specifically identify any erroneous conclusion ...
Beneficiary'S Employment Abroad In A Qualifying Managerial Or Executive Capacity Beneficiary'S Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity
dismissed
EB-1C
Clothing Retail
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
dismissed
EB-1C
Business Consulting
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 Ability To Pay
dismissed
EB-1C
Manufacturing
The appeal was dismissed because the petitioner failed to establish key requirements for the visa category, including that the beneficiary w...
Qualifying Managerial Or Executive Capacity (U.S. Position) Qualifying Managerial Or Executive Capacity (Foreign Position) Qualifying Relationship Between U.S. And Foreign Entities Ineffective Assistance Of Counsel
remanded
EB-1C
Multinational Management
The case was remanded as a result of a settlement agreement reached in U.S. District Court after the petitioner sued USCIS. The AAO withdrew...
Ability To Pay
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The petitioner submit...
Qualifying Relationship Doing Business Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Ability To Pay Wage Employer-Employee Relationship Requisite Time Employed Abroad
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 Employment Abroad
sustained
EB-1C
Business
The appeal was sustained because the AAO found the director's grounds for denial to be erroneous or unsubstantiated. The AAO determined ther...
Managerial Or Executive Capacity Employer-Employee Relationship Salary Doing Business Organizational Structure
dismissed
EB-1C
Gaming Systems
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. While...
Qualifying Relationship Affiliate Subsidiary Ownership Control Successor-In-Interest
dismissed
EB-1C
International Trade
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Managerial Or Executive Capacity Qualifying Relationship (Subsidiary/Affiliate)
remanded
EB-1C
Import/Export And Retail
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a primarily m...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
EB-1C
Clothing/Apparel
The director denied the petition for failing to establish two key points: that the beneficiary would be employed in a primarily managerial o...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Garment And Textile
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
Textile Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Financial Services
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship with the beneficiary's foreign employer e...
Qualifying Relationship Affiliate Subsidiary Same Employer Eligibility At Time Of Filing
dismissed
EB-1C
Export/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 Employment Abroad
dismissed
EB-1C
Finance
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
Software 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 Staffing Levels Organizational Structure
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 Capacity Executive Capacity
dismissed
EB-1C
Hotel Business
The appeal was summarily dismissed because the petitioner failed to submit the required initial evidence within the seven-business-day timef...
Procedural Filing Requirements Timely Submission Of Evidence
dismissed
EB-1C
Import, Export, And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S. in a qualifying manag...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment Organizational Structure Job Duties
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The AAO honored the withdrawal req...
dismissed
EB-1C
Multinational Management
The appeal was rejected because it was not filed within the required 33-day period. The petitioner initially sent the appeal to the wrong se...
Timely Filing Of Appeal Filing At Correct Service Center Treatment Of Untimely Appeal As A Motion To Reopen Or Reconsider
dismissed
EB-1C
Business
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship, especially given the beneficiary...
Establishment Of Employer-Employee Relationship Beneficiary Employed In A Managerial Or Executive Capacity Foreign Entity Continues To Operate
dismissed
EB-1C
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 Employment Abroad Qualifying U.S. Employment
dismissed
EB-1C
Telecommunications
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying managerial or executive ca...
Executive Capacity Managerial Capacity Organizational Structure Staffing Levels
dismissed
EB-1C
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role abroad was in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Product Development
The appeal was dismissed on procedural grounds. The petitioner appealed the director's denial of a motion to reopen/reconsider, but the AAO'...
Managerial Or Executive Capacity Qualifying Relationship With Foreign Employer
dismissed
EB-1C
Travel Agency
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
Education/Daycare
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the U.S. would be in a qua...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S. Position) Executive Capacity (U.S. Position)
dismissed
EB-1C
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position as marketing director qual...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Unknown
The appeal was rejected because it was untimely filed. The appeal was received by USCIS 19 days after the decision was issued, exceeding the...
Timeliness Of Appeal
dismissed
EB-1C
Natural Stone Import/Distribution
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 Proposed Employment
dismissed
EB-1C
Retail And 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
dismissed
EB-1C
Not Specified
The appeal was rejected as untimely filed because it was submitted 30 days after the director's decision, exceeding the 18-day regulatory de...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-1C
Management
The appeal was dismissed primarily on procedural grounds. The AAO determined that the Notice of Intent to Revoke (NOIR) was properly served ...
Managerial/Executive Capacity (Abroad) Foreign Entity Doing Business Managerial/Executive Capacity (U.S.) Ability To Pay Procedural Issues (Notice Of Intent To Revoke)
dismissed
EB-1C
Restaurant Management
The appeal was dismissed because the petitioner failed to establish the existence of a qualifying relationship between the U.S. entity and t...
Qualifying Relationship Subsidiary Affiliate Common Ownership And Control
dismissed
EB-1C
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary's prior employment abroad was in a qualifying manag...
Employment In A Managerial Capacity Employment In An Executive Capacity
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
Consulting
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
EB-1C
Language Education
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
Diamond And Gemstone Import/Export
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 Doing Business For At Least One Year Managerial Or Executive Capacity (Foreign) Managerial Or Executive Capacity (U.S.)
sustained
EB-1C
Food Manufacturing And Distribution
The appeal was sustained because the AAO found that a comprehensive analysis of the organizational structure, managerial tiers, and staffing...
Qualifying Managerial Capacity Abroad Qualifying Managerial Capacity In The U.S.
dismissed
EB-1C
Food Service
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 (U.S. Role) Managerial Or Executive Capacity (Foreign Role) Qualifying Relationship
dismissed
EB-1C
Retail Food
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. Since the beneficiary was the so...
Employer-Employee Relationship Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity
dismissed
EB-1C
Multinational Management
The appeal was dismissed because the petitioner, through counsel, requested to withdraw the appeal. The Administrative Appeals Office (AAO) ...
sustained
EB-1C
Audio Technology
The director denied the petition, finding the petitioner failed to establish that the beneficiary's employment abroad was primarily in a man...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Tour Operator
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 Employer-Employee Relationship Ability To Pay Proffered Wage
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
Multinational Management
The appeal was dismissed because the petitioner submitted a request to withdraw it. The decision was not made on the merits of the case but ...
Withdrawal Of Appeal
dismissed
EB-1C
Insurance Underwriting
The director denied the petition for failing to establish that the beneficiary was employed abroad in a qualifying managerial or executive c...
Qualifying Managerial Or Executive Capacity Of Foreign Employment
dismissed
EB-1C
Wholesale Trade
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner did ...
Employer-Employee Relationship Managerial Or Executive Capacity Ability To Pay Proffered Wage
dismissed
EB-1C
Communications
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
sustained
EB-1C
Spirits Import/Export
The appeal was sustained because the AAO found that the petitioner successfully demonstrated it had been 'doing business' for the required o...
Doing Business For At Least One Year Qualifying Employment Abroad (Managerial/Executive) Qualifying Proposed Employment In The U.S. (Managerial/Executive)
dismissed
EB-1C
Sales And Service 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 Function Manager
dismissed
EB-1C
Automobile Sales
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
Business 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
dismissed
EB-1C
Logistics
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 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
Laboratory Equipment Distribution
The appeal was dismissed because the petitioner failed to prove it had been 'doing business' in a regular, systematic, and continuous manner...
Doing Business For At Least One Year Managerial Or Executive Capacity
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
Body Jewelry
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
Management, Consulting And Investment
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
Jewelry Distribution
The appeal was summarily dismissed because the petitioner failed to state a specific basis for the appeal. The petitioner indicated a brief ...
Managerial Or Executive Capacity
dismissed
EB-1C
Corporate Research
The appeal was dismissed because the petitioner failed to establish that the beneficiary's U.S. position would be primarily managerial or ex...
Managerial Capacity Executive Capacity
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