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)
615 total decisions
Page 1 of 7
dismissed
EB-2
International Business
The appeal was dismissed because the petitioner improperly filed an appeal of a prior AAO decision, which is not permitted. Even when treate...
Jurisdiction Of Aao Timeliness Of Motion Motion To Reopen Requirements Motion To Reconsider Requirements Advanced Degree Definition (Accreditation)
remanded
EB-2
Unknown
The appeal was rejected as untimely because it was filed on the 34th day after the decision was issued, exceeding the 33-day limit. However,...
dismissed
EB-2
Management Consulting
The appeal was dismissed because the case was considered moot. The beneficiary had already adjusted to lawful permanent resident status thro...
dismissed
EB-2
Software Development
The appeal was dismissed as moot. The decision notes that the beneficiary's application to adjust to lawful permanent resident status (Form ...
dismissed
EB-2
Unknown
The appeal was rejected as untimely. The petitioner improperly filed the appeal directly with the AAO instead of the service center that iss...
dismissed
EB-2
Unknown
The motion to reconsider was dismissed because it was filed untimely. Although the petitioner's counsel cited a COVID-19 diagnosis as a reas...
Timeliness Of Motion Motion To Reconsider Requirements Motion To Reopen Requirements
remanded
EB-2
Software Engineering
The appeal was remanded because the AAO found the director's conclusion of willful misrepresentation to be too speculative. The director bas...
Labor Certification Validity Willful Misrepresentation Employer Intent Ability To Pay
dismissed
EB-2
Web Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required five years of post-baccalaur...
Possession Of Advanced Degree (Bachelor'S + 5 Years Experience) Post-Baccalaureate Experience Determination Of Degree Conferral Date
sustained
EB-2
Software Engineering
The appeal was sustained because the AAO determined that the beneficiary's five years of post-baccalaureate experience should be calculated ...
Advanced Degree Equivalent (Bachelor'S + 5 Years Experience)
sustained
EB-2
Information Technology
The appeal was sustained because the petitioner demonstrated its ability to pay the proffered wage. The evidence showed that the company pai...
Ability To Pay
dismissed
EB-2
Unknown
The appeal was dismissed because the Department of Labor (DOL) revoked the petitioner's approved Application for Permanent Employment Certif...
Valid Labor Certification Beneficiary Ownership Interest Disclosure
dismissed
EB-2
Unspecified
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or specifically identify any erroneous conclusi...
Educational Requirements Labor Certification Compliance Procedural Compliance For Appeal
dismissed
EB-2
Speech Language Pathology
The appeal was ultimately dismissed because the petitioner failed to establish that the beneficiary met the minimum educational requirements...
Beneficiary'S Qualifications For The Job Offer Educational Requirements Foreign Degree Equivalency
dismissed
EB-2
Unknown
The motion to reopen was rejected because the original appeal was untimely filed, and the petitioner did not demonstrate that this rejection...
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to contest the grounds for denial. The petitioner explicitly agreed with th...
Ability To Pay Proffered Wage
dismissed
EB-2
Mental Health
The appeal was dismissed because the petitioner failed to establish that the proffered job of a 'mental health counselor,' which it describe...
Advanced Degree Requirement Bona Fide Job Offer Ability To Pay Job Requirements (Licensure)
dismissed
EB-2
Unknown
The appeal was rejected because it was filed outside the permitted timeframe. The director's decision was issued on January 3, 2013, requiri...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The appeal was rejected as it was untimely filed. The appeal was received by USCIS on May 7, 2013, which was 35 days after the director's de...
Timeliness Of Appeal Motion To Reopen Or Reconsider
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Exceptional Ability Job Requires Exceptional Ability Beneficiary Meets Minimum Requirements Notice Of Filing Ability To Pay
dismissed
EB-2
Physical Therapy
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the requirements for the EB-2 classification....
Advanced Degree Bachelor'S Degree Plus Five Years Of Progressive Experience
dismissed
EB-2
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum requirements of the certified labor...
Advanced Degree Equivalence Post-Baccalaureate Experience Labor Certification Requirements
remanded
EB-2
Physical Therapy
The director's decision was withdrawn and the case was remanded because the petitioner successfully demonstrated that their response to the ...
Abandonment Timeliness Of Rfe Response
dismissed
EB-2
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on October 19, 2012, but the appeal was not receiv...
Timely Filing Of Appeal
dismissed
EB-2
Financial Analysis
The appeal was dismissed because the beneficiary was found not to possess the minimum requirements as stated on the labor certification. Spe...
Advanced Degree Requirement Experience Requirement
sustained
EB-2
Computer Science
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary possessed the required advanced degree and wo...
Possession Of An Advanced Degree Labor Certification Requirements
dismissed
EB-2
Electrical Engineering
The appeal was dismissed because the director determined the petitioner did not establish its ability to pay the proffered wage, and that th...
Ability To Pay Proffered Wage Job Requirements For Advanced Degree Professional Beneficiary'S Qualifications Successor-In-Interest
dismissed
EB-2
Unknown
The appeal was rejected as improperly filed because it was submitted after the deadline. The decision was issued on May 29, 2013, but the ap...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
remanded
EB-2
Information Technology
The appeal was remanded due to a procedural error. The director denied a petition that had already been approved, instead of following the c...
Degree, Diploma, Certificate, Or Similar Award Ten Years Of Full-Time Experience License To Practice Or Certification High Salary Or Other Remuneration Membership In Professional Associations Recognition For Achievements And Significant Contributions
remanded
EB-2
Computer Science
The director's decision to deny the petition was withdrawn because the AAO determined that the labor certification correctly required a Mast...
Advanced Degree Definition Labor Certification Job Requirements Beneficiary'S Qualifications Foreign Degree Equivalency
dismissed
EB-2
Computer Software Development
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss (NOID). Th...
Ability To Pay Proffered Wage
remanded
EB-2
Clinical Psychology
The director's decision to revoke the approved petition was withdrawn and the matter was remanded. The AAO found the revocation, which was b...
Revocation For Good And Sufficient Cause (Ina 205) Marriage Fraud (Ina 204(C)) Petitioner'S Continued Existence Bona Fide Job Offer Automatic Revocation
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary failed to demonstrate they met the minimum educational requirements set forth in the labor ...
Advanced Degree Requirement Foreign Degree Equivalency Bachelor'S Plus Five Years Of Experience
dismissed
EB-2
Unknown
The motion to reconsider was dismissed because it was filed in an untimely manner, 36 days after the decision was issued, which exceeds the ...
Timeliness Of Motion Procedural Filing Requirements
dismissed
EB-2
Information Technology
The appeal was summarily dismissed because the petitioner failed to respond to a Request for Evidence and Notice of Intent to Dismiss (RFE/N...
Educational Qualifications Ability To Pay Proffered Wage
dismissed
EB-2
Software Engineering
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or identify any specific erroneous conclusion o...
Advanced Degree Professional Qualifications Failure To State Grounds For Appeal
dismissed
EB-2
Professional Services
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...
Ability To Pay Procedural Requirements For Appeal
dismissed
EB-2
Information Technology
The appeal was dismissed because the job offer on the labor certification stated the petitioner would accept 'any suitable combination of ed...
Advanced Degree Definition Job Requirements On Labor Certification Bachelor'S Plus Five Years Experience Equivalency Any Suitable Combination Of Education, Training, And/Or Experience Clause
dismissed
EB-2
Unknown
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Ability To Pay Proffered Wage Procedural Grounds For Appeal
dismissed
EB-2
Education
The appeal was dismissed because the beneficiary did not possess the educational qualifications required by the labor certification. The pos...
Advanced Degree Requirement Foreign Degree Equivalency
remanded
EB-2
Business Management
The director denied the petition, invalidating the labor certification because the petitioner failed to disclose the beneficiary's ownership...
Labor Certification Validity Bona Fide Job Offer Alien Ownership/Influence
dismissed
EB-2
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required advanced degree in a field s...
Possession Of Advanced Degree Foreign Degree Equivalency
dismissed
EB-2
Textile Chemistry
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed a single foreign degree equivalent to a...
Advanced Degree Professional Qualifications Foreign Degree Equivalency Labor Certification Requirements
remanded
EB-2
Construction Management
The appeal was remanded due to a procedural error. The director's RFE invited a multi-part fax response, which the petitioner submitted, but...
Labor Certification Validity Beneficiary'S Educational Qualifications Procedural Error (Rfe Response) Advanced Degree Requirements Foreign Degree Equivalency
dismissed
EB-2
Computer Science
The director denied the petition, concluding the beneficiary does not qualify as an advanced degree professional because their degree was no...
Possession Of An Advanced Degree Or Its Equivalent
dismissed
EB-2
Accounting
The motions to reopen and reconsider were granted, but the previous AAO decision was affirmed and the petition remains denied. The AAO deter...
Advanced Degree Degree Accreditation Ability To Pay Proffered Wage
dismissed
EB-2
Choreography
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualified as an alien of exceptional ability. The A...
Ten Years Of Experience Degree, Diploma, Or Similar Award License Or Certification High Salary Membership In Professional Associations Comparable Evidence
sustained
EB-2
Software Consulting
The motion to reopen was granted based on new facts and evidence. Upon review, the AAO concluded that the beneficiary possessed the required...
Advanced Degree Professional Labor Certification Requirements Foreign Degree Equivalency Ability To Pay
dismissed
EB-2
Unknown
The motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to submit new facts or evidence with the moti...
Motion To Reopen Motion To Reconsider Timeliness Of Filing
dismissed
EB-2
Information Technology
The director denied the petition because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage...
Ability To Pay Proffered Wage
sustained
EB-2
Pharmacy
The director initially denied the petition, finding the petitioner had not established its continuing ability to pay the proffered wage. On ...
Ability To Pay Proffered Wage
sustained
EB-2
Program Management
The director denied the petition, finding that the submitted employment experience letters did not adequately prove the beneficiary possesse...
Qualifying Work Experience Labor Certification Requirements
dismissed
EB-2
Health Administration
The appeal was dismissed because the beneficiary's Master's degree was determined to be from an institution not accredited by the U.S. Depar...
Advanced Degree Requirement Accreditation Of Foreign Degree Ability To Pay Proffered Wage
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The petitioner filed the appeal 49 days after the decision was issued, which is beyond the 33-day...
Timeliness Of Appeal
dismissed
EB-2
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The director determined, and th...
Ability To Pay The Proffered Wage
dismissed
EB-2
Information Technology
The appeal was ultimately dismissed because the beneficiary's three-year Indian Bachelor of Commerce degree and postgraduate diploma were no...
Foreign Degree Equivalency Advanced Degree Professional Requirements Labor Certification Requirements Ability To Pay Proffered Wage
sustained
EB-2
Software Development
The director initially denied the petition for failing to demonstrate a continuing ability to pay the proffered wage. The AAO sustained the ...
Ability To Pay Proffered Wage Beneficiary'S Qualifications (Education/Experience)
dismissed
EB-2
Unknown
The motion to reopen a previously dismissed appeal was itself dismissed for procedural reasons. The motion was filed 38 days after the AAO's...
Timeliness Of Motion To Reopen (8 C.F.R. § 103.5(A)(1)(I)) Procedural Requirements For Motions (8 C.F.R. § 103.5(A)(1)(Iii)(C))
remanded
EB-2
Software Engineering
The director denied the petition, finding the beneficiary's foreign education did not constitute the equivalent of a single U.S. bachelor's ...
Advanced Degree Job Requirements From Labor Certification Foreign Degree Equivalency
dismissed
EB-2
Unknown
The appeal was rejected because it was improperly filed. The attorney who filed the appeal on behalf of the petitioner failed to submit a ne...
Improperly Filed Appeal Representation And Appearances (Form G-28)
dismissed
EB-2
Mechanical Engineering
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence as required by regulation. The AAO further...
Motion To Reopen (New Facts/Evidence) Beneficiary'S Qualifying Work Experience Petitioner'S Ability To Pay
dismissed
EB-2
Software Development
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority dat...
Ability To Pay Beneficiary Qualifications Multiple Petitions Impact
dismissed
EB-2
Unknown
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to timely submit a brief or evidence that specific...
Ability To Pay Proffered Wage Procedural Requirements For Appeal
dismissed
EB-2
Unknown
The appeal was rejected because it was improperly filed. The attorney who filed the appeal on behalf of the petitioner failed to submit a ne...
Form G-28 Filing Requirement Legal Standing To Appeal
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to respond to the Administrative Appeals Office's (AAO) Request for Evidence (RFE). T...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-2
Marketing
The appeal was dismissed because the petitioner failed to prove that the beneficiary possessed the minimum required work experience by the p...
Beneficiary'S Qualifications Labor Certification Requirements Priority Date Evidence Of Experience
dismissed
EB-2
Unknown
The appeal was dismissed as moot. The underlying petition had already been approved on a motion by the Director on January 12, 2012, which r...
dismissed
EB-2
Unknown
The appeal was summarily dismissed on procedural grounds. The petitioner failed to address the director's most recent decision, which was th...
Summary Dismissal Motion To Reopen Motion To Reconsider
dismissed
EB-2
Unknown
The appeal was rejected because it was filed untimely. The decision was issued on July 13, 2011, and since it was sent via facsimile, the pe...
Timeliness Of Appeal
dismissed
EB-2
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on August 29, 2011, and the appeal was filed on Oc...
Timely Filing Of Appeal Motion To Reopen Or Reconsider
dismissed
EB-2
Unknown
The appeal was rejected because it was untimely filed. The notice of appeal was received on March 1, 2012, which was 37 days after the direc...
Timeliness Of Appeal
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary did not possess the minimum educational qualifications required for the EB-2 classification...
Advanced Degree Requirement Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Audit And Compliance
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements of the labor certification. The director ...
Advanced Degree Requirements Foreign Degree Equivalency Labor Certification Requirements Bachelor'S Degree Definition
sustained
EB-2
Acupuncture
The AAO reopened the matter on its own motion to correct a previous error. Upon de novo review of the entire record, the AAO determined that...
Ability To Pay Proffered Wage Beneficiary Qualifications
dismissed
EB-2
Unknown
The appeal was dismissed (rejected) because it was untimely filed. The director's decision was issued on February 27, 2013, giving the petit...
Timely Filing Of Appeal
dismissed
EB-2
International Marketing
The appeal was dismissed because the beneficiary's master's degree was from an unaccredited institution, which did not meet the master's deg...
Advanced Degree Requirement Accreditation Of Degree-Granting Institution Labor Certification Requirements (Eta Form 9089) Bachelor'S Degree Plus Five Years Experience Equivalency
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The director's decision was issued on March 30, 2011, via facsimile, which required an appeal to ...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The appeal was rejected because it was untimely filed. The petitioner submitted the appeal 32 days after the decision was issued, exceeding ...
Timeliness Of Appeal
dismissed
EB-2
Software Engineering
The appeal was dismissed because the job offer, as stated on the labor certification (ETA Form 9089), did not require a professional holding...
Advanced Degree Requirement Labor Certification Job Requirements Definition Of Baccalaureate Degree Equivalent
sustained
EB-2
Software Engineering
The director initially denied the petition, concluding the beneficiary lacked the required five years of post-baccalaureate experience as st...
Possession Of Advanced Degree Five Years Of Post-Baccalaureate Experience
sustained
EB-2
Software Engineering
The appeal was sustained because the AAO determined that the beneficiary's Master of Science (MS) degree from India was the foreign equivale...
Foreign Degree Equivalency
sustained
EB-2
Biotechnology
The director initially denied the petition, questioning the petitioner's ability to pay the proffered wage. Upon de novo review, the AAO con...
Ability To Pay Proffered Wage
sustained
EB-2
Construction Engineering
The director initially denied the petition, finding the beneficiary did not meet the job qualifications stated on the labor certification. H...
Advanced Degree Equivalence Job Requirements From Labor Certification Beneficiary'S Qualifications Progressive Experience
sustained
EB-2
Software Development
The petition was initially denied because the Director determined the beneficiary did not possess the required U.S. master's degree or a for...
Advanced Degree Requirement Foreign Degree Equivalency
dismissed
EB-2
Computer Consulting
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss and Reques...
Ability To Pay Qualifying Experience
dismissed
EB-2
Sciences
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies for a Schedule A, Group II blanket labor ...
Internationally Recognized Prizes Or Awards Membership In International Associations
dismissed
EB-2
Market Research
The appeal was dismissed because the beneficiary's Master of Business Administration degree was from an institution not accredited by an age...
Possession Of An Advanced Degree Accreditation Of Degree-Granting Institution
dismissed
EB-2
Engineering
The appeal was dismissed because the director determined the beneficiary did not possess the minimum level of education required for the adv...
Advanced Degree Foreign Degree Equivalence Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Unknown
The appeal was rejected as improperly filed because the attorney failed to submit a properly executed Form G-28 authorizing representation f...
Improperly Filed Appeal Representation And Appearances (Form G-28)
sustained
EB-2
Publishing
The initial petition was denied because the director determined the petitioner had not demonstrated its ability to pay the proffered wage. T...
Ability To Pay
dismissed
EB-2
Unknown
The appeal was rejected and dismissed because it was untimely filed. The petitioner filed the appeal 31 days after the decision to revoke wa...
Timeliness Of Appeal
dismissed
EB-2
Economics
The appeal was dismissed because the beneficiary did not possess the required doctorate degree by the priority date. Although the petitioner...
Educational Requirements Priority Date Labor Certification Requirements
dismissed
EB-2
Education
The appeal was dismissed because the job requirements on the certified labor certification (ETA Form 9089) did not meet the standards for th...
Advanced Degree Professional Exceptional Ability Academic Degree High Compensation
sustained
EB-2
Software Engineering
The initial denial was based on the finding that the beneficiary did not have the requisite educational degree. The AAO sustained the appeal...
Advanced Degree Professional Foreign Equivalent Degree Progressive Post-Baccalaureate Experience
remanded
EB-2
Information Technology
The Director intended to deny the petition based on alleged misrepresentation, citing unsuccessful attempts to contact the beneficiary's pre...
Beneficiary'S Qualifying Work Experience Authenticity Of Evidence Petitioner'S Business Legitimacy Bona Fide Job Offer
sustained
EB-2
Systems Engineering
The director initially denied the petition, finding that the petitioner failed to demonstrate the position required an advanced degree profe...
Advanced Degree Requirement Beneficiary'S Qualifications Labor Certification Requirements
sustained
EB-2
Healthcare It
The director initially denied the petition, concluding the beneficiary did not meet the minimum requirements of the labor certification. Upo...
Meeting Minimum Requirements Of The Labor Certification Possession Of Required Education, Training, And Experience As Of The Priority Date
dismissed
EB-2
Advanced Degree Professional
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not submit a brief or...
Beneficiary Qualifications Ability To Pay Procedural Requirements For Appeal
dismissed
EB-2
Physical Therapy
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum educational requirement for t...
Advanced Degree Requirement Foreign Degree Equivalency Job Requirements On Eta Form 9089 Schedule A, Group I Occupation
sustained
EB-2
Software Development
The appeal was sustained because the AAO found that the Director erred in concluding that the beneficiary did not possess the required five ...
Advanced Degree Equivalence Post-Baccalaureate Experience
sustained
EB-2
Accounting
The director initially denied the petition due to a small shortfall in the petitioner's demonstrated ability to pay the proffered wage. On a...
Ability To Pay Proffered Wage
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