EB-2 AAO Decisions

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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 5 of 7
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was not based on the merits o...
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The decision was not based on the merit...
dismissed EB-2

Unknown

· Company
The appeal was rejected because it was filed untimely. The appeal was received 38 days after the director's decision was issued, which is be...
Timeliness Of Appeal
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner requested to withdraw the petition. The AAO noted that the record showed the withdrawal requ...
dismissed EB-2

Unknown

· Company
The appeal was rejected as untimely filed. An initial submission was rejected for being unsigned, and the properly signed appeal was not rec...
Timely Filing Of Appeal Properly Filed Appeal (Signature)
dismissed EB-2

Nursing

· Individual
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed EB-2

Unknown

· Company
The appeal was rejected because it was filed untimely. The petitioner's counsel initially submitted an unsigned appeal form, which was not c...
Timeliness Of Appeal
dismissed EB-2

Nursing

· Individual
The appeal was summarily dismissed for procedural reasons. The petitioner failed to identify any specific erroneous conclusion of law or sta...
Procedural Requirements For Appeal
dismissed EB-2

Unknown

· Organization
The appeal was dismissed because counsel for the petitioner requested that the appeal be withdrawn on September 14, 2005. The decision was n...
dismissed EB-2

Unknown

· Company
The appeal was dismissed based on a procedural action, not on the merits of the case. The petitioner's counsel submitted a request to withdr...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because counsel for the petitioner requested that the appeal be withdrawn. The decision was procedural and did not ...
dismissed EB-2

Unknown

· Organization
The appeal was rejected because it was untimely filed. The appeal was received by USCIS on June 9, 2005, which was 38 days after the directo...
Timeliness Of Appeal
dismissed EB-2

Unknown

· Organization
The appeal was dismissed because the petitioner requested to withdraw the underlying petition. Although counsel asserted the withdrawal was ...
dismissed EB-2

Unknown

· Individual
The appeal was summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact. Th...
Failure To Identify Specific Error Of Law Or Fact
sustained EB-2

Computer Software

· Company
The appeal was sustained because the director's initial denial was based on a flawed financial analysis. The director incorrectly determined...
Ability To Pay Proffered Wage
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner's counsel filed a request to withdraw the appeal. The decision was not based on the merits o...
dismissed EB-2

Software Engineering

· Company
The appeal was dismissed because the beneficiary did not possess a U.S. baccalaureate degree or a foreign equivalent, which is a prerequisit...
Advanced Degree Equivalency Foreign Degree Evaluation Bachelor'S Degree Equivalency
dismissed EB-2

Unknown

· Company
The appeal was rejected because it was not filed on time. The petitioner incorrectly sent the appeal directly to the AAO instead of the Texa...
Timely Filing Of Appeal
dismissed EB-2

Computer Science

· Company
The appeal was dismissed because the beneficiary's three-year bachelor's degree from India was not considered the foreign equivalent of a U....
Advanced Degree Equivalence Foreign Degree Equivalency Bachelor'S Degree Plus Five Years Experience
dismissed EB-2

Electrical Engineering

· Company
The appeal was dismissed because the petitioner failed to provide the original approved labor certification as required by regulations. The ...
Approved Labor Certification Submission Of Original Documents Substitution Of Beneficiary
dismissed EB-2

Market Research

· Company
The appeal was dismissed because the beneficiary's three-year bachelor's degree was not considered equivalent to a U.S. baccalaureate degree...
Advanced Degree Foreign Degree Equivalency
dismissed EB-2

Market Research

· Company
The appeal was dismissed because the beneficiary's three-year foreign bachelor's degree was deemed not equivalent to a U.S. baccalaureate de...
Advanced Degree Requirement Foreign Degree Equivalency Combination Of Degrees
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner, through counsel, formally requested to withdraw it on September 25, 2006. No merits of the ...
dismissed EB-2

Software Engineering

· Company
The appeal was dismissed because the beneficiary did not possess a U.S. baccalaureate degree or a foreign equivalent, which is a prerequisit...
Advanced Degree Equivalence Foreign Degree Evaluation Labor Certification Requirements
sustained EB-2

Software Engineering

· Company
The director initially denied the petition, concluding that the job offer was temporary because the beneficiary was working on a client cont...
Permanent Job Offer
dismissed EB-2

Systems Engineering

· Company
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any error of law or fact in the director...
Schedule A, Group Ii Widespread Acclaim And International Recognition Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner's counsel filed a request to withdraw the appeal. The decision was not made on the merits of...
dismissed EB-2

Unknown

· Company
The appeal was rejected because it was filed untimely, 39 days after the decision was issued, which is beyond the 33-day deadline. The AAO a...
Timeliness Of Appeal Motion To Reopen/Reconsider Summary Dismissal
dismissed EB-2

Unknown

· Individual
The motion was dismissed for being untimely filed. The petitioner's counsel submitted the motion to the wrong office twice before properly f...
Timeliness Of Motion Proper Filing Location For Motion
dismissed EB-2

Unknown

· Company
The motion was dismissed because it was untimely filed. The motion was submitted 47 days after the AAO's previous decision, exceeding the 30...
dismissed EB-2

Unknown

· Organization
The appeal was dismissed as untimely. The petitioner's initial submission was returned because it was unsigned and had the incorrect fee, an...
sustained EB-2

Electronics Engineering

· Company
The director denied the petition, incorrectly concluding that the beneficiary did not possess a Master's degree. The AAO sustained the appea...
Advanced Degree Equivalence
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner submitted a request to withdraw it. The decision was procedural and not based on the merits ...
Withdrawal Of Appeal
remanded EB-2

Unknown

· Company
The appeal was rejected as untimely because it was received on the 34th day after the decision was issued, exceeding the 33-day limit. As th...
Timeliness Of Appeal Motion To Reconsider
sustained EB-2

Computer Science

· Company
The director denied the petition, finding the beneficiary's three-year bachelor's degree was not equivalent to a U.S. baccalaureate degree. ...
Advanced Degree Foreign Degree Equivalency
sustained EB-2

Mechanical Engineering

· Company
The director initially denied the petition, questioning whether the beneficiary's work experience was separate from his Ph.D. studies and th...
Advanced Degree Work Experience Verification Labor Certification Requirements
dismissed EB-2

Unknown

· Company
The appeal was dismissed because it was withdrawn by the petitioner's counsel. The Administrative Appeals Office did not conduct a review of...
dismissed EB-2

Unknown

· Company
The appeal was dismissed as a procedural matter. The dismissal occurred because the petitioner's counsel formally requested that the appeal ...
sustained EB-2

Management Analysis

· Company
The director denied the petition, finding that the job offer did not require an advanced degree based on a section of the labor certificatio...
Advanced Degree Requirement Job Requirements On Labor Certification (Eta Form 9089) Bachelor'S Degree Plus Five Years Experience As Equivalent To A Master'S Degree
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner requested to withdraw it. The decision was not based on the merits of the case, but rather o...
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal on March 6, 2007. The decision is based ...
dismissed EB-2

Unknown

· Company
The appeal was rejected because it was filed untimely. The appeal was received by USCIS on November 23, 2005, which was 40 days after the di...
Timely Filing Of Appeal
dismissed EB-2

Civil Engineering

· Company
The appeal was dismissed because the petitioner failed to submit a certified labor certification from the Department of Labor. The petitione...
Labor Certification (Eta-750) Labor Market Information Pilot Program Shortage Occupation Schedule A National Interest Waiver
dismissed EB-2

Software Engineering

· Company
The appeal was dismissed because the beneficiary failed to establish possession of a U.S. bachelor's degree or its foreign equivalent, which...
Advanced Degree Requirement Foreign Degree Equivalency
dismissed EB-2

Unknown

The initial petition was denied by the Director. The petitioner subsequently filed an appeal but later requested that the appeal be withdraw...
Withdrawal Of Appeal
dismissed EB-2

Unknown

The appeal was dismissed for procedural reasons, not on its merits. The petitioner voluntarily requested to withdraw the appeal, which resul...
dismissed EB-2

Unknown

· Company
The appeal was rejected as untimely filed because it was received 34 days after the director's decision was issued, exceeding the 33-day lim...
Timeliness Of Appeal Summary Dismissal
sustained EB-2

Manufacturing

· Company
The director denied the petition, concluding the job did not require an advanced degree. The AAO sustained the appeal, finding that the labo...
Advanced Degree Requirement Job Requirements On Labor Certification (Eta 750) Bachelor'S Plus Five Years Experience
sustained EB-2

Software Development

· Company
The initial denial was based on a lack of evidence that the beneficiary's five years of post-baccalaureate experience were 'progressive.' On...
Advanced Degree Equivalency Progressive Experience
dismissed EB-2

Electronic Engineering

· Company
The director denied the petition for failing to establish a continuing ability to pay the proffered wage. The appeal was summarily dismissed...
Ability To Pay Proffered Wage
dismissed EB-2

Electronic Engineering

· Company
The initial petition was denied because the director determined the petitioner had not established a continuing ability to pay the proffered...
Ability To Pay Proffered Wage
dismissed EB-2

Unknown

· Individual
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
8 C.F.R. ยง 103.3(A)(1)(V) - Summary Dismissal
dismissed EB-2

Unknown

· Company
The appeal was rejected because it was filed one day late. The director's decision was issued on March 10, 2005, giving the petitioner 33 da...
Timely Filing Of Appeal
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was not based on the merits o...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner submitted a request to withdraw it. The AAO dismissed the appeal based on the petitioner's w...
dismissed EB-2

Not Specified

· Company
The appeal was rejected because it was not filed within the mandatory time limit. The petitioner was given 33 days to file the appeal, but i...
Timely Filing Of Appeal
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The Administrative Appeals Office did n...
dismissed EB-2

Unknown

· Organization
The appeal was dismissed because the petitioner, through counsel, submitted a request for its withdrawal. The AAO did not address the merits...
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner's counsel formally withdrew the appeal before the Administrative Appeals Office. The dismiss...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed based on a withdrawal request submitted by the petitioner's counsel. The decision was not made on the merits of the...
dismissed EB-2

Martial Arts

· Organization
The appeal was dismissed because the position offered, a martial arts instructor, did not require an advanced degree or its equivalent as de...
Advanced Degree Exceptional Ability
dismissed EB-2

Martial Arts

· Organization
The appeal was dismissed because the petitioner did not establish that the beneficiary was eligible for the classification sought. The job, ...
Advanced Degree Exceptional Ability In The Sciences, Arts, Or Business
remanded EB-2

Unknown

· Company
The AAO is reopening the matter on its own motion for the purpose of entering a new decision, after a previous appeal was summarily dismisse...
dismissed EB-2

Unknown

· Individual
The appeal was rejected because it was untimely filed. The director's decision was issued on April 12, 2004, and the appeal was received on ...
Timely Filing Of Appeal
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner formally withdrew it. The decision was not made on the merits of the case.
dismissed EB-2

Unknown

· Individual
The motion to reopen was dismissed because it did not meet the regulatory requirements. The petitioner failed to state new facts or provide ...
Motion To Reopen Motion To Reconsider Timeliness Of Motion
dismissed EB-2

Unknown

· Organization
The appeal was dismissed because the petitioner formally requested to withdraw it. The decision was not based on the merits of the case, but...
dismissed EB-2

Materials Engineering

· Company
The motion was ultimately dismissed because the petitioner failed to demonstrate that the beneficiary meets the Department of Labor's string...
Exceptional Ability Under Schedule A, Group Ii Widespread Acclaim And International Recognition Work Requiring Exceptional Ability Membership In Associations Publication Record
dismissed EB-2

Materials Engineering

· Company
The motion was granted to review new evidence, but the prior decision to deny the petition was ultimately affirmed. The petitioner failed to...
Schedule A, Group Ii Classification Exceptional Ability (Department Of Labor Standard) Widespread Acclaim And International Recognition Memberships Publication Record
dismissed EB-2

Unknown

· Individual
The appeal was rejected because it was not filed in a timely manner. The appeal was received 50 days after the director's decision was issue...
Timely Filing Of Appeal
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner formally requested that the appeal be withdrawn. The decision was not made on the merits of ...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner requested to withdraw the appeal on November 18, 2004. The case documents were returned to t...
dismissed EB-2

Unknown

· Individual
The appeal was rejected because it was filed untimely. The appeal was received 50 days after the director's decision was issued, which excee...
Timeliness Of Appeal
dismissed EB-2

Unknown

· Company
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
remanded EB-2

Software Development

· Company
The director's decision was withdrawn because the petitioner successfully demonstrated its ability to pay the proffered wage by providing W-...
Ability To Pay Proffered Wage Advanced Degree Professional Beneficiary'S Qualifications Educational Equivalency
dismissed EB-2

Unknown

· Individual
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Summary Dismissal For Failure To Identify Specific Error Of Law Or Fact
dismissed EB-2

Physical Therapy

· Company
The appeal was dismissed because the petitioner filed for an EB-2 classification, which requires the job to necessitate an advanced degree o...
Advanced Degree Exceptional Ability Job Offer Requirements
dismissed EB-2

Unknown

· Organization
The appeal was dismissed because the petitioner's counsel formally requested to withdraw it. The Administrative Appeals Office did not make ...
sustained EB-2

Medicine

· Company
The director denied the petition, concluding that the beneficiary's Bachelor of Medicine & Bachelor of Surgery (MBBS) degree from Pakistan w...
Advanced Degree Requirement Foreign Degree Equivalency Labor Certification Requirements
dismissed EB-2

Unknown

· Organization
The appeal was dismissed procedurally because the petitioner's counsel formally requested to withdraw it. The decision was not made on the m...
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner requested that the petition be withdrawn before the AAO made a decision on the merits. The d...
dismissed EB-2

Unknown

· Organization
The appeal was dismissed as moot because the petitioner requested to withdraw the petition after the director's initial decision but before ...
Withdrawal Of Petition
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. Per regulations, the withdrawal ma...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner, through counsel, requested to withdraw the appeal. The decision is based solely on this wit...
remanded EB-2

Unknown

· Company
The appeal was rejected as untimely because it was received 41 days after the director's decision, exceeding the 33-day limit. However, beca...
Timely Filing Of Appeal Motion To Reopen
dismissed EB-2

Software

· Company
The initial petition was denied because the petitioner was debarred by the Department of Labor from filing petitions for one year. The appea...
Petitioner Debarment Failure To Identify Erroneous Conclusion Of Law Or Fact Failure To Submit A Brief
remanded EB-2

Unknown

· Organization
The appeal was rejected because it was filed one day late, 34 days after the director's decision was issued, exceeding the 33-day limit. As ...
Timeliness Of Appeal
dismissed EB-2

Unknown

· Company
The petitioner requested to withdraw the petition after the initial denial but before the AAO issued its decision. The AAO determined that t...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed procedurally because the petitioner's counsel submitted a request to withdraw the appeal. The decision was not made...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed on procedural grounds, not on the merits of the case. The petitioner's counsel formally requested that the appeal b...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed on procedural grounds, not on the merits of the case. The dismissal occurred because the petitioner formally reques...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner, through counsel, submitted a request to withdraw the appeal. The AAO acknowledged the withd...
dismissed EB-2

Unknown

· Company
The appeal was dismissed for procedural reasons, not on its merits. The petitioner formally requested to withdraw the appeal, which is a non...
sustained EB-2

Computer Science

· Company
The director initially denied the petition, finding the beneficiary did not meet the educational requirements on the labor certification. On...
Advanced Degree Requirement Foreign Degree Equivalency Labor Certification Requirements
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the petitioner formally requested to withdraw the appeal. The decision notes that this withdrawal cannot be...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner's counsel formally requested its withdrawal. The decision was not based on the merits of the...
dismissed EB-2

Unknown

· Individual
The appeal was dismissed because the petitioner formally requested to withdraw the appeal. The decision was not made on the merits of the ca...
dismissed EB-2

Unknown

· Company
The appeal was dismissed because the proceeding was declared moot. The beneficiary had already adjusted to lawful permanent resident status ...
dismissed EB-2

Computer Science

· Company
The AAO reopened the case after initially sustaining the appeal, citing new information that contradicted the petitioner's educational evalu...
Advanced Degree Equivalency
dismissed EB-2

Unspecified

· Company
The appeal was summarily dismissed because counsel failed to specifically identify any erroneous conclusion of law or statement of fact from...
Advanced Degree Requirement Procedural Requirements For Appeal

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