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 9 of 28
dismissed
EB-1C
Agriculture 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 Doing Business
dismissed
EB-1C
Scientific Instruments
The appeal was dismissed because the petitioner failed to overcome the grounds for revocation. The director found that the petitioner had no...
Qualifying Relationship With Foreign Employer Foreign Entity Continuing To Do Business Employment In A Primarily Managerial Or Executive Position Existence Of A Bona Fide Business
dismissed
EB-1C
Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary's past and proposed roles were primarily managerial...
Managerial Capacity Executive Capacity Function Manager Qualifying Employment Abroad Qualifying Proposed Employment In The U.S.
dismissed
EB-1C
Magnetic Media Products
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of l...
Managerial Or Executive Capacity Failure To Identify Specific Error On Appeal
dismissed
EB-1C
Computer And Software 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
dismissed
EB-1C
Business Management
The motion to reopen was dismissed and while the motion to reconsider was granted, the underlying dismissal of the appeal was affirmed. The ...
Managerial Or Executive Capacity Employment Abroad Burden Of Proof Prior Nonimmigrant Approval
dismissed
EB-1C
Trade And Investment
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a primarily managerial or execut...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. U.S. Entity Doing Business For One Year Foreign Entity Doing Business Ability To Pay
dismissed
EB-1C
Computer Hardware Manufacturing
The director denied the petition, concluding that the petitioner had not demonstrated that the beneficiary was employed abroad or would be e...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Employment
dismissed
EB-1C
Produce 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 Ability To Pay Proffered Wage
dismissed
EB-1C
Multinational Management
The appeal was dismissed on procedural grounds, not on its merits. The petitioner filed the appeal 43 days after the decision was issued, wh...
Timely Filing Of Appeal Treating Untimely Appeal As A Motion
dismissed
EB-1C
International Trade, Consulting, And Finance
The appeal was dismissed primarily because the petitioner failed to establish it had been doing business in the U.S. for at least one year p...
Doing Business For One Year Successor-In-Interest Qualifying Employment Abroad Managerial Or Executive Capacity
dismissed
EB-1C
Optical Products
The third motion to reconsider was dismissed because it was based on new evidence (an amended tax return) that was not part of the record at...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Yachting
The appeal was summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact in ...
Managerial Or Executive Capacity Qualifying Relationship Doing Business For At Least One Year
dismissed
EB-1C
Information Classification
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to timely submit a brief or evidence and did not s...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
EB-1C
Import/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 Ability To Pay Proffered Wage Staffing Levels
dismissed
EB-1C
International Trade
The appeal was dismissed because it was improperly filed by a third-party corporation that lacked legal standing. The AAO affirmed the direc...
Qualifying Relationship Managerial Or Executive Capacity Standing To Appeal Ac21 Portability
dismissed
EB-1C
Home Furnishings
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
Steel And Iron Importing
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
Beauty 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
Textiles And Real Estate Investment
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Electronics
The appeal was dismissed because the petitioner failed to establish a qualifying parent-subsidiary relationship. The director concluded that...
Qualifying Relationship (Parent/Subsidiary)
dismissed
EB-1C
Travel And Tourism
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 Employment Abroad In A Qualifying Capacity Supervision Of Staff Performance Of Non-Qualifying Tasks
remanded
EB-1C
Export
The director's decision was withdrawn because the director incorrectly applied the legal standard for an 'American firm or corporation' from...
Definition Of 'United States Employer' Definition Of 'American Firm Or Corporation' Managerial Or Executive Capacity Permanent Employment Offer
dismissed
EB-1C
Chemical Wholesale
The appeal was summarily dismissed because the petitioner's counsel provided only general, unsupported objections to the director's findings...
Qualifying Relationship Managerial Or Executive Capacity Ability To Pay Procedural Error (Failure To Issue Rfe/Noid)
dismissed
EB-1C
Retail
The appeal was summarily dismissed because the petitioner's counsel failed to file a timely brief and did not specifically identify any erro...
Managerial Capacity Executive Capacity Summary Dismissal Standards
sustained
EB-1C
Trade Promotion
The appeal was sustained because the AAO found the petitioner established its ability to pay the proffered wage, noting that the foreign par...
Ability To Pay Doing Business
sustained
EB-1C
Trade Promotion
The appeal was sustained because the AAO found that the petitioner sufficiently established its ability to pay the beneficiary's wage, ackno...
Ability To Pay Doing Business
dismissed
EB-1C
Health Food Supplements
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
sustained
EB-1C
Electrical Equipment Manufacturing
The appeal was sustained because the petitioner successfully rebutted the two grounds for denial. The AAO found that the director had confus...
Qualifying Relationship Ability To Pay Proffered Wage
remanded
EB-1C
Machine Tool Supplies
The case was remanded because the director used improper and unsupported standards like 'common business practice' and failed to properly an...
Managerial Or Executive Capacity Staffing Levels Qualifying Corporate Relationship Functional Manager
dismissed
EB-1C
Natural Stone Import/Wholesale
The motion to reopen and reconsider was dismissed. The motion to reopen failed because new evidence cannot be used to establish eligibility ...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Function Manager
dismissed
EB-1C
Management
The appeal was dismissed as moot. A review of records showed the beneficiary had already adjusted to permanent resident status through a sep...
Multinational Executive Or Manager Mootness
sustained
EB-1C
Tourism
The appeal was sustained because the petitioner successfully demonstrated a qualifying affiliate relationship with the beneficiary's foreign...
Qualifying Relationship Affiliate/Subsidiary Status Common Ownership
dismissed
EB-1C
Precious Stones Trade
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Managerial/Executive Capacity Ability To Pay Proffered Wage Failure To Identify Error In Initial Decision
dismissed
EB-1C
Retail Sales
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered salary. The director no...
Ability To Pay Proffered Wage
dismissed
EB-1C
Automotive Services
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Qualifying Relationship Managerial Capacity Executive Capacity
dismissed
EB-1C
Investment Management
The appeal was summarily dismissed because the petitioner's counsel failed to submit an appellate brief or identify any specific erroneous c...
Managerial Or Executive Capacity (Us Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage Procedural Requirement To Identify Specific Error On Appeal
dismissed
EB-1C
Aerospace
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. The petitioner argued the case based ...
Managerial Capacity Executive Capacity Eligibility At Time Of Filing
dismissed
EB-1C
Business Investments And Trade
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Employment Abroad In A Managerial/Executive Capacity Proposed Employment In A Managerial/Executive Capacity One-Year Qualifying Employment Abroad
dismissed
EB-1C
Retail Trade
The director denied the petition for failing to demonstrate that the beneficiary would be employed in a primarily managerial or executive ca...
Managerial Or Executive Capacity Ability To Pay
dismissed
EB-1C
Automotive 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
Construction
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 Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity Petitioner'S Ability To Pay Proffered Wage
dismissed
EB-1C
Import/Sales
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary's proposed role would be primarily managerial or ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Porcelain And Furniture Import/Sales
The director denied the petition for failing to demonstrate that the beneficiary would be employed in a primarily managerial or executive ca...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Food And Restaurant
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
Hydraulic And Pneumatic Equipment
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusions of law or statemen...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
EB-1C
Carpet Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed by the United States entity in a ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Export/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 Organizational Structure Staffing Levels
dismissed
EB-1C
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw it. The decision notes that the AAO received the petitioner's...
Withdrawal Of Appeal
dismissed
EB-1C
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad in a qualifying managerial...
Managerial Capacity Executive Capacity Qualifying Foreign Employment Qualifying U.S. Employment
dismissed
EB-1C
Management
The appeal was dismissed because it was not filed within the required time frame. The petitioner's first attempt to file an appeal was 26 da...
Timely Filing Of Appeal
dismissed
EB-1C
Clothing Retail And Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. While the petitione...
Qualifying Relationship Subsidiary Affiliate Ownership And Control
dismissed
EB-1C
Garment Wholesale And Travel
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
remanded
EB-1C
Optical Services
The appeal was formally rejected because regulations state that no appeal can be made from a denial for abandonment. However, the case was r...
Denial For Abandonment Motion To Reopen/Reconsider Jurisdiction
dismissed
EB-1C
Investment
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's originally proffered salary of $72,...
Ability To Pay The Proffered Wage
dismissed
EB-1C
Hospitality Services
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
Packaging And Printing Services
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed in a primarily ...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Restaurant Business
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage. The petitioner's ta...
Ability To Pay Proffered Wage Doing Business Qualifying Managerial Or Executive Capacity
remanded
EB-1C
Construction
The appeal was remanded because the director denied the petition without first issuing a Request for Evidence (RFE). The AAO determined that...
Qualifying Relationship Between Entities Petitioner Doing Business For One Year Beneficiary'S Qualifying Overseas Employment Petitioner'S Ability To Pay Wage Managerial Or Executive Duties
dismissed
EB-1C
Import/Export & 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 Ability To Pay
remanded
EB-1C
Automotive
The director denied the petition, believing the beneficiary's H-1B visa meant he was employed in the U.S. rather than abroad for the requisi...
One Year Of Qualifying Employment Abroad Managerial Or Executive Capacity Of Foreign Employment Managerial Or Executive Capacity Of Proposed U.S. Employment
remanded
EB-1C
Petroleum Gas
The case was remanded because key evidence was missing or insufficient. The petitioner failed to provide certified English translations of d...
Managerial/Executive Capacity Qualifying Relationship Ability To Pay Doing Business For One Year
dismissed
EB-1C
Import/Export
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 Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) Ability To Pay Proffered Wage
remanded
EB-1C
Agricultural Import/Export
The appeal was remanded because the director's denial was based on insufficient evidence that the director had failed to request in the firs...
Doing Business For One Year Ability To Pay Proffered Wage Managerial/Executive Job Duties
remanded
EB-1C
Automotive
The appeal was remanded because while the petitioner successfully established that the beneficiary was employed abroad for the required peri...
One Year Of Qualifying Employment Abroad Managerial Or Executive Capacity Of Foreign Role Managerial Or Executive Capacity Of U.S. Role
sustained
EB-1C
Financing Services
The director initially denied the petition due to a failure to establish a qualifying relationship between the U.S. petitioner and the forei...
Qualifying Relationship Affiliate Subsidiary Common Ownership And Control
dismissed
EB-1C
Engineering Services
The appeal was dismissed because the petitioner failed to overcome the director's findings. Specifically, the petitioner did not establish t...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position)
dismissed
EB-1C
Wholesale Distribution
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 Relationship Ownership And Control
dismissed
EB-1C
Giftware And Crafts
The appeal was dismissed because the petitioner failed to establish that the beneficiary would primarily perform managerial or executive tas...
Managerial Capacity Executive Capacity Staffing Levels
sustained
EB-1C
Funeral Services
The director initially denied the petition for failure to establish a qualifying relationship and for finding the beneficiary's foreign and ...
Qualifying Relationship (Parent/Subsidiary) Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.)
dismissed
EB-1C
Travel 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
Retail And Investment
The appeal was dismissed because the petitioner failed to establish that the beneficiary's position abroad and the proposed position in the ...
Managerial Capacity Executive Capacity Employment Abroad Proposed U.S. Position
dismissed
EB-1C
Water Purification
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 One Year Of Foreign Employment
dismissed
EB-1C
Shipping And Transportation
The director denied the petition on two grounds: failure to establish a qualifying corporate relationship and failure to demonstrate the ben...
Qualifying Relationship Managerial Or Executive Capacity
remanded
EB-1C
Automotive Export And Logistics
The case was remanded because the director's denial was found to be deficient and based on an improper and erroneous analysis. The director ...
Managerial Or Executive Capacity Organizational Structure Staffing Levels Detailed Job Duties
dismissed
EB-1C
Retail And Distribution
The appeal was dismissed because the petitioner failed to address the primary grounds for denial. While the petitioner resolved an issue reg...
Managerial Capacity Executive Capacity Qualifying Organization
sustained
EB-1C
Textile Trading
The director revoked a previously approved petition after the petitioner had requested to withdraw it. The AAO found the director's revocati...
Primarily Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Right To Withdraw Petition
dismissed
EB-1C
Consulting
The appeal was dismissed because the petitioner failed to overcome the director's findings that it had not established a qualifying relation...
Managerial Or Executive Capacity Qualifying Relationship Ability To Pay Proffered Wage
dismissed
EB-1C
Construction
The case was previously remanded by the AAO with instructions to issue a Request for Evidence (RFE). After the director issued the RFE, the ...
Managerial Or Executive Capacity Abandonment
dismissed
EB-1C
Exporting
The motion to reopen was granted and the AAO withdrew its finding that a qualifying relationship did not exist. However, the appeal was ulti...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
EB-1C
Hotel Management
The appeal was dismissed because the petitioner failed to demonstrate a qualifying relationship between the U.S. company and the beneficiary...
Qualifying Relationship Subsidiary Affiliate Ownership And Control
sustained
EB-1C
Sporting Equipment
The director initially denied the petition for failing to prove a qualifying relationship between the U.S. petitioner and the foreign employ...
Qualifying Relationship
dismissed
EB-1C
Multinational Management
The motion to reopen was rejected because it was untimely filed. The petitioner submitted the motion more than 85 days after the previous de...
Timeliness Of Filing Motion
dismissed
EB-1C
Sales And Marketing
The director denied the petition, and the AAO dismissed the appeal, because the petitioner failed to establish that the beneficiary would be...
Managerial Capacity Executive Capacity
dismissed
EB-1C
Software Development
The director denied the petition, concluding that the petitioner failed to demonstrate that the beneficiary had been employed by the foreign...
Employment In A Managerial Capacity Employment In An Executive Capacity
dismissed
EB-1C
Business Management
The director denied the petition because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily manageri...
Managerial Capacity Executive Capacity Function Manager
dismissed
EB-1C
Cosmetics
The appeal was dismissed because the petitioner failed to establish that a qualifying corporate relationship existed between the U.S. entity...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
dismissed
EB-1C
Unknown
The appeal was rejected as untimely filed. The petitioner had 33 days to file an appeal after the director's decision was mailed, but the ap...
Timeliness Of Appeal
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...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
EB-1C
Telecommunications And Electronics
The petition was denied on two grounds: failure to establish that the beneficiary would be employed in a managerial or executive capacity in...
Managerial Capacity Executive Capacity Qualifying Employment Abroad Qualifying Employment In The U.S.
dismissed
EB-1C
Management
The appeal was rejected because it was filed untimely. The appeal was received by CIS 39 days after the director's decision was issued, exce...
Timely Filing Of Appeal
dismissed
EB-1C
Battery 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
remanded
EB-1C
Information Technology Consulting
The director's decision was withdrawn and the case was remanded because the AAO found the petitioner had successfully proven it was doing bu...
Doing Business For At Least One Year Qualifying Relationship
sustained
EB-1C
International Freight Forwarding
The appeal was sustained because the petitioner successfully established that the beneficiary's roles with both the foreign and U.S. entitie...
Managerial Capacity Executive Capacity
sustained
EB-1C
Hotel Operations
The director initially denied the petition, concluding the petitioner did not have a qualifying relationship with the beneficiary's foreign ...
Qualifying Relationship Subsidiary Affiliate Control Of Foreign Entity
sustained
EB-1C
Farm Equipment
The director denied the petition, concluding the beneficiary would primarily perform routine sales and marketing duties rather than manageri...
Managerial Capacity Executive Capacity
sustained
EB-1C
Freight Forwarding
The director initially denied the petition, concluding the petitioner had not established the beneficiary's past and proposed roles were pri...
Managerial Capacity Executive Capacity Job Duties Organizational Structure Supervision Of Employees
sustained
EB-1C
Hospitality
The director denied the petition, finding no qualifying relationship because the petitioner managed the foreign hotel but did not own it. Th...
Qualifying Relationship Subsidiary/Affiliate Relationship Control Of The Foreign Entity Employer-Employee Relationship
sustained
EB-1C
Farm Equipment
The director initially denied the petition, finding the beneficiary's proposed role consisted of routine sales and marketing duties rather t...
Managerial Capacity Executive Capacity
remanded
EB-1C
Jewelry
The director denied the petition, finding the petitioner had not demonstrated a qualifying relationship between the U.S. and foreign entitie...
Qualifying Relationship Affiliate Subsidiary Ownership And Control
Turn these precedents into a draft
MeritDraft uses real AAO decisions to help attorneys and self-petitioners draft stronger O-1 and NIW arguments faster.
Start Free Trial →