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 4 of 7
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The appeal was received on October 18, 2011, which was 36 days after the director's decision was ...
Timeliness Of Appeal
dismissed
EB-2
Health Care
The appeal was dismissed because the case was rendered moot. The beneficiary had already adjusted to lawful permanent resident status throug...
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner's counsel failed to identify a specific error of law or fact in the director's dec...
Exceptional Ability Job Requirements
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed because it was received 30 days after the decision was issued, exceeding the 18-day filing deadlin...
Timeliness Of Appeal Motion To Reopen Or Reconsider
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to submit a brief, evidence, or identify any specific error of law or fact ...
Job Experience Fraud/Misrepresentation Failure To State Basis For Appeal
dismissed
EB-2
Speech Language Pathology
The petition was denied because the beneficiary's foreign education, consisting of a three-year bachelor's degree and a two-year master's de...
Advanced Degree Equivalency Meeting Labor Certification Requirements Ability To Pay Proffered Wage
sustained
EB-2
Systems Engineering
The director had revoked the petition, finding the beneficiary did not meet the minimum education level required by the labor certification ...
Advanced Degree Equivalency Labor Certification Requirements
remanded
EB-2
Unknown
The appeal was rejected as untimely filed, having been received by the service center 34 days after the decision was issued, which is one da...
dismissed
EB-2
Unspecified
The appeal was summarily dismissed because the petitioner failed to respond to the director's Request for Evidence (RFE). On appeal, the pet...
Failure To Respond To Rfe Failure To Submit Brief On Appeal
dismissed
EB-2
Software Development
The appeal was dismissed because the beneficiary did not possess the minimum educational qualifications required by the labor certification....
Advanced Degree Equivalence Beneficiary'S Educational Qualifications Foreign Equivalent Degree
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner failed to respond to a Request for Evidence (RFE) from the AAO. The RFE requested evidence t...
Educational Requirements Ability To Pay
remanded
EB-2
Unknown
The appeal was rejected as untimely because it was filed 34 days after the decision was issued, exceeding the 33-day limit for mailed decisi...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The appeal was dismissed as moot because the petitioner requested to withdraw the petition. According to regulations, this request, made bef...
Withdrawal Of Petition
dismissed
EB-2
Data Mining
The director denied the petition because the beneficiary's foreign credentials, including a three-year bachelor's degree from India, were no...
Advanced Degree Equivalence Foreign Degree Evaluation Labor Certification Requirements
sustained
EB-2
Information Technology
The director initially denied the petition, concluding that the beneficiary did not meet the minimum education or experience specified on th...
Advanced Degree Equivalence Meeting Labor Certification Requirements Progressive Experience
dismissed
EB-2
Unknown
The appeal was dismissed because it was not filed in a timely manner. The underlying decision was mailed on May 5, 2011, but the appeal was ...
Untimely Filing
dismissed
EB-2
Finance
The appeal was dismissed because the case was considered moot. The beneficiary had already become a lawful permanent resident of the United ...
Beneficiary Meeting Minimum Requirements Of The Offered Position Mootness Due To Adjustment Of Status
dismissed
EB-2
Storage Engineering
The appeal was dismissed because the beneficiary did not satisfy the minimum educational requirements for the visa category. The director de...
Advanced Degree Bachelor'S Degree Plus Five Years Of Progressive Experience Foreign Degree Equivalency
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary did not possess the required advanced degree or its equivalent. The director determined tha...
Advanced Degree Foreign Degree Equivalency Progressive Experience
sustained
EB-2
It Services
The initial petition was denied because the director found the beneficiary's Bachelor's degree in Economics did not meet the labor certifica...
Advanced Degree Equivalence Labor Certification Requirements
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The petitioner initially submitted the appeal form without a signature, causing it to be rejected...
Timely Filing Of Appeal Signature Requirement
dismissed
EB-2
Speech Language Pathology
The appeal was dismissed because the beneficiary's foreign education (a three-year bachelor's and two-year master's degree from India) was d...
Advanced Degree Equivalence Labor Certification Requirements
dismissed
EB-2
Unknown
The appeal was rejected because it was not timely filed. The director's decision was issued on August 22, 2011, but the appeal was not recei...
Timely Filing Of Appeal
sustained
EB-2
Business Consulting
The initial petition was denied because the director determined the petitioner had not established its continuing ability to pay the proffer...
Ability To Pay The Proffered Wage
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to specifically address the reasons for the denial or provide any additiona...
Ability To Pay Beneficiary Qualifications Procedural Grounds For Appeal
sustained
EB-2
Business
The director initially denied the petition, concluding the petitioner did not establish the ability to pay the proffered wage. The AAO susta...
Ability To Pay Proffered Wage Beneficiary Qualifications
remanded
EB-2
Computer Science
The director denied the petition based on the marriage bar under INA § 204(c), finding the beneficiary had previously entered into a fraudul...
Marriage Fraud Bar (Ina 204(C)) Advanced Degree Professional Progressive Experience
dismissed
EB-2
Professional
The appeal was summarily dismissed because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss (NOID). The NOID reques...
Advanced Degree Equivalence Proficiency In Required Skills Ability To Pay Proffered Wage
dismissed
EB-2
Unknown
The appeal was rejected because it was filed untimely. The decision was issued via facsimile on May 23, 2011, which required the appeal to b...
Timeliness Of Appeal
dismissed
EB-2
Industrial Engineering / Quantitative Analysis
The appeal was dismissed because the job requirements listed on the ETA Form 9089 did not meet the standard for a professional holding an ad...
Job Requirements For Advanced Degree Professional Labor Certification (Eta Form 9089) Requirements Advanced Degree Equivalency (Bachelor'S + 5 Years Experience)
sustained
EB-2
Internet Development
The director initially denied the petition, finding that the beneficiary did not meet the minimum education level required by the labor cert...
Advanced Degree Equivalence Meeting Labor Certification Requirements Progressive Experience
dismissed
EB-2
Unknown
The motion to reconsider was dismissed primarily for procedural reasons. The petitioner filed the motion 35 days after the AAO's decision, w...
Timeliness Of Motion Procedural Filing Requirements Statement Of Judicial Proceedings
dismissed
EB-2
Unknown
The appeal was rejected because it was filed after the regulatory deadline. The decision was issued on July 10, 2012, making the appeal due ...
Timely Filing
sustained
EB-2
Hockey
The appeal was sustained because the petitioner provided sufficient evidence to demonstrate the beneficiary's eligibility as an alien of exc...
Degree, Diploma, Certificate, Or Similar Award From A College, University, School, Or Other Institution Of Learning Letters From Employers Showing At Least Ten Years Of Full-Time Experience License To Practice The Profession Or Certification Evidence That The Alien Has Commanded A Salary Or Other Remuneration For Services Which Demonstrates Exceptional Ability Membership In Professional Associations Recognition For Achievements And Significant Contributions To The Industry Or Field Comparable Evidence
dismissed
EB-2
Computer Science
The appeal was dismissed because the petitioner's labor certification did not demonstrate that the job itself requires an alien of exception...
Job Offer Requires An Alien Of Exceptional Ability
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...
Advanced Degree Or Equivalent
dismissed
EB-2
Software Engineering
The appeal was dismissed because the beneficiary's foreign credentials, consisting of a three-year bachelor's degree and a higher diploma, w...
Advanced Degree Equivalence Foreign Degree Equivalence To U.S. Baccalaureate Combination Of Degrees
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
8 C.F.R § 103.3(A)(L)(V)
dismissed
EB-2
Information Technology
The appeal was dismissed because the job requirements listed on the associated ETA Form 9089 labor certification did not require a professio...
Advanced Degree Requirement Labor Certification Job Requirements Bachelor'S Degree Plus Five Years Progressive Experience
dismissed
EB-2
Market Research
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the minimum level of education as requi...
Advanced Degree Requirement Labor Certification Requirements Educational Equivalency
remanded
EB-2
Software Development
The Director denied the petition, concluding that the labor certification did not require a member of the professions holding an advanced de...
Advanced Degree Requirement Labor Certification Job Requirements Bachelor'S Degree Plus Five Years Experience Equivalency
dismissed
EB-2
Marketing
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements specified on the labor certification. The...
Educational Requirements Labor Certification Requirements Advanced Degree Equivalency Ability To Pay Proffered Wage
dismissed
EB-2
Water Resource Engineering
The appeal was dismissed as moot. Records showed that the beneficiary had already adjusted to lawful permanent resident status, rendering fu...
Ability To Pay Proffered Wage Mootness
sustained
EB-2
Software Engineering
The AAO initially rejected the appeal as untimely, but this decision was withdrawn after the petitioner provided evidence showing the appeal...
Advanced Degree Equivalency Labor Certification Requirements
dismissed
EB-2
Managed Health Care
The appeal was dismissed as moot. A review of U.S. Citizenship and Immigration Services (USCIS) records indicated that the beneficiary becam...
Advanced Degree Exceptional Ability
remanded
EB-2
Computer Programming
The Director's revocation, based on a failure to prove the beneficiary's employment dates, was withdrawn by the AAO. However, the case was r...
Advanced Degree Equivalent (Bachelor'S Plus Five Years Experience) Post-Baccalaureate Experience Qualifying Experience Prior To Priority Date Labor Certification Requirements Ability To Pay
dismissed
EB-2
Speech Language Pathology
The AAO dismissed the petitioner's motion to reopen and reconsider. Although the petitioner successfully established its ability to pay the ...
Advanced Degree Professional Foreign Degree Equivalency Labor Certification Requirements Ability To Pay Proffered Wage Motion To Reopen/Reconsider
dismissed
EB-2
Nursing
The appeal was dismissed because the petitioner failed to establish that the beneficiary, a nurse, possesses 'a degree of expertise signific...
Degree/Diploma/Certificate Ten Years Of Experience License Or Certification High Salary Membership In Professional Associations Recognition For Achievements/Contributions
dismissed
EB-2
Unknown
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Beneficiary Qualifications For The Position Procedural Requirements For Appeal
dismissed
EB-2
Unknown
The director initially denied the petition because the petitioner failed to demonstrate that the beneficiary possessed the required educatio...
Advanced Degree Educational Credentials
remanded
EB-2
Unknown
The appeal was rejected as untimely because it was filed 34 days after the decision was issued, exceeding the 33-day limit. However, the Adm...
Timeliness Of Appeal Motion To Reopen Or Reconsider
dismissed
EB-2
Software Engineering
The appeal was filed by a company claiming to be the petitioner's successor-in-interest after the AAO had already denied the petition. The A...
Advanced Degree Accreditation Successor-In-Interest Ability To Pay
sustained
EB-2
Computer Science
The appeal was sustained because the AAO, upon de novo review, determined that the beneficiary's foreign education (a Bachelor of Science an...
Advanced Degree Or Equivalent Labor Certification Requirements (Eta Form 9089) Foreign Degree Equivalency Progressive Experience Ability To Pay
dismissed
EB-2
Unknown
The motion to reopen and reconsider was dismissed on procedural grounds, not on the merits of the original petition. The motion was filed un...
Timeliness Of Motion To Reopen/Reconsider Failure To Include Statement On Judicial Proceedings Late Submission Of Brief And Evidence
dismissed
EB-2
Unknown
The appeal was rejected because it was filed after the deadline. The original decision was mailed on December 29, 2011, requiring the appeal...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The petitioner filed the appeal 20 days after the director's decision was issued, exceeding the 1...
Timeliness Of Appeal
dismissed
EB-2
Finance
The appeal was dismissed because the petitioner failed to establish that the beneficiary's educational credentials, which include a three-ye...
Advanced Degree Requirement Foreign Degree Equivalency Labor Certification Requirements Petitioner Name Change Vs. Successor-In-Interest
dismissed
EB-2
Unknown
The motion to reopen and reconsider was dismissed on procedural grounds. The motion to reopen failed because it did not present new facts or...
sustained
EB-2
Medicine
The appeal was sustained because the Director had incorrectly determined that the position did not require an advanced degree. The AAO found...
Advanced Degree Requirement Foreign Degree Equivalency Medical License Eligibility Residency Program Completion Board Certification
dismissed
EB-2
Unknown
The appeal was rejected because the underlying Form I-140 petition was not properly signed by the petitioner as required by regulation. The ...
Signature Requirement (8 C.F.R. § 103.2(A)(2))
remanded
EB-2
Unknown
The appeal was remanded because the director incorrectly denied the petition under the 'advanced degree professional' standard. The petition...
Advanced Degree Professional Alien Of Exceptional Ability
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The petitioner's initial submission was rejected for using a foreign currency for the fee, and th...
Timeliness Of Appeal Proper Filing Fee Motion To Reopen Or Reconsider
dismissed
EB-2
Not Specified
The appeal was rejected because it was untimely filed. The petitioner filed the appeal 152 days after the director's decision, which is well...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The motions to reopen and reconsider were dismissed because the matter is moot. The beneficiary had already adjusted to lawful permanent res...
Alien Of Exceptional Ability
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The decision was mailed on December 29, 2011, requiring the appeal to be filed within 33 days, bu...
Timely Filing Of Appeal
dismissed
EB-2
Information Technology
The appeal was dismissed as moot because the beneficiary had already adjusted to lawful permanent resident status through a separate applica...
Advanced Degree Or Equivalent
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to identify any erroneous conclusion of law or statement of fact in the ori...
Ability To Pay Proffered Wage
dismissed
EB-2
Architecture
The appeal was dismissed because the petitioner, an individual, filed the petition on his own behalf for a classification that requires a U....
Necessity Of A U.S. Employer Labor Certification Requirement
sustained
EB-2
Neurophysiology
The director initially denied the petition because it was determined that the beneficiary did not meet the minimum level of education specif...
Advanced Degree Labor Certification Requirements
dismissed
EB-2
Mechanical Engineering
The appeal was dismissed because the petitioner, a manufacturer of hydraulic cylinders, failed to establish its continuing ability to pay th...
Ability To Pay The Proffered Wage
sustained
EB-2
Neurophysiology
The director initially denied the petition, concluding the beneficiary did not satisfy the minimum level of education stated on the labor ce...
Advanced Degree Requirements Labor Certification Requirements
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary did not possess the minimum level of education required by the labor certification. The AAO...
Advanced Degree Equivalence Foreign Equivalent Degree Labor Certification Requirements
remanded
EB-2
Unknown
The appeal was rejected as untimely because it was filed 152 days after the decision was issued, far exceeding the 33-day filing deadline. P...
Timeliness Of Appeal
remanded
EB-2
Unknown
The appeal was remanded because the director evaluated the petition under the wrong legal standard. The petitioner sought classification as ...
Alien Of Exceptional Ability Member Of The Professions Holding An Advanced Degree
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after indicating they wo...
Ability To Pay Progressive Experience Failure To File A Brief
dismissed
EB-2
Unspecified
The appeal was summarily dismissed because the petitioner failed to submit a brief or any new evidence after filing the appeal. The petition...
Ability To Pay Proffered Wage Beneficiary'S Work Experience Procedural Requirements For Appeal
remanded
EB-2
Unknown
The appeal was rejected because it was filed one day late, on the 34th day after the decision was issued, exceeding the 33-day filing deadli...
Timeliness Of Appeal
dismissed
EB-2
Software Development
The appeal was dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss (NOID). The NOID req...
Ability To Pay Active Business Status
dismissed
EB-2
Business Analysis
The petition remains denied because the beneficiary's three-year foreign bachelor's degree is not considered equivalent to a U.S. baccalaure...
Advanced Degree Equivalence Foreign Degree Evaluation Educational Requirements
dismissed
EB-2
Information Technology
The appeal was dismissed because the beneficiary's three-year Bachelor of Science degree from India was not found to be equivalent to a U.S....
Advanced Degree Requirement Foreign Degree Equivalency Labor Certification Requirements
remanded
EB-2
Unknown
The appeal was rejected because it was untimely filed. The appeal was received 35 days after the decision was issued, exceeding the 33-day l...
dismissed
EB-2
Unknown
The motion to reconsider was dismissed because it failed to establish that the AAO's prior decision was based on an incorrect application of...
Motion To Reconsider Requirements Proper Filing Of Appeal Requirement For Form G-28
dismissed
EB-2
Market Research
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Educational Requirements Appeal Filing Requirements
dismissed
EB-2
Unknown
The motion to reconsider was dismissed because it was filed untimely. The motion was received by the service center 43 days after the decisi...
Timely Filing Of A Motion
dismissed
EB-2
Unknown
The appeal was rejected as untimely filed. The appeal was received by the service center 34 days after the decision was issued, exceeding th...
Timely Filing Of Appeal
dismissed
EB-2
Software Engineering
The director initially denied the petition because the petitioner had not established the ability to pay the proffered wage. On appeal, the ...
Ability To Pay Proffered Wage
dismissed
EB-2
Unknown
The director initially denied the petition because the petitioner failed to demonstrate the ability to pay the proffered wage. The appeal wa...
Ability To Pay Proffered Wage Procedural Grounds For Dismissal
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner's counsel, after filing the appeal, failed to submit a brief or any additional evi...
Ability To Pay Proffered Wage
dismissed
EB-2
Product Management
The appeal was dismissed because the associated labor certification (ETA Form 9089) failed to demonstrate that the job requires a profession...
Advanced Degree Or Equivalent Exceptional Ability Job Offer Requirements On Labor Certification
dismissed
EB-2
Civil Engineering
The appeal was dismissed because the matter was considered moot. USCIS records indicated that the beneficiary had already adjusted to lawful...
Advanced Degree Or Equivalent Baccalaureate Degree Plus Five Years Of Experience
dismissed
EB-2
Software Development
The appeal was dismissed because the director determined that the petitioner failed to establish that the beneficiary satisfied the minimum ...
Beneficiary'S Educational Qualifications Beneficiary'S Experience Qualifications Petitioner'S Ability To Pay Proffered Wage
dismissed
EB-2
Software Engineering
The appeal was dismissed because the job requirements listed on the labor certification (Form ETA 750) did not meet the regulatory standard ...
Advanced Degree Requirement
dismissed
EB-2
Systems Engineering
The appeal was rejected because it was filed untimely. The director's decision was issued on January 22, 2009, allowing 33 days for an appea...
Timeliness Of Appeal
dismissed
EB-2
Unknown
The motion to reopen was dismissed because the petitioner did not submit any new facts or evidence as required. The motion to reconsider was...
Motion To Reopen Motion To Reconsider
dismissed
EB-2
Unknown
The petitioner requested to withdraw the petition while the appeal was pending. According to regulations, this request renders the appeal mo...
sustained
EB-2
Computer Science
The decision primarily addresses whether the beneficiary's foreign education, specifically a three-year bachelor's degree and a subsequent m...
Advanced Degree Requirement Foreign Degree Equivalency Educational Evaluation Bachelor'S Degree Plus Five Years Experience
remanded
EB-2
Unknown
The appeal was rejected as untimely filed because it was received 62 days after the director's decision was issued, exceeding the 33-day dea...
Timeliness Of Appeal
dismissed
EB-2
Software Engineering
The appeal was dismissed because the petitioner's labor certification (ETA Form 9089) allowed for a 'combination of foreign education equiva...
Advanced Degree Requirement Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Of Experience
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The decision was not based on the ...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The decision was not made on the m...
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 →