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 6 of 7
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to specifically address the director's finding that he lacked the requisite...
Requisite Experience Procedural Requirements For Appeal
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...
Advanced Degree Requisite Education
dismissed
EB-2
Not Specified
The director denied the petition for failure to demonstrate the ability to pay the proffered wage. The appeal was summarily dismissed becaus...
Ability To Pay
dismissed
EB-2
Unknown
The appeal was dismissed because it was withdrawn by the petitioner's counsel. The Administrative Appeals Office's order was based solely on...
dismissed
EB-2
Computer Science
The appeal was dismissed because the director correctly determined the job did not require a member of the professions holding an advanced d...
Job Requires Advanced Degree Or Equivalent
dismissed
EB-2
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner formally requested to withdraw the appeal, and this withd...
dismissed
EB-2
Unknown
The appeal was dismissed based on a formal withdrawal request submitted by the petitioner's counsel. The decision was procedural and did not...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn.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
The appeal was rejected because it was filed untimely. The director's decision was issued on April 16, 2008, but the appeal was received on ...
Timely Filing Motion To Reopen Motion To Reconsider
dismissed
EB-2
Unknown
The petitioner's counsel requested that the appeal be withdrawn. The AAO dismissed the appeal based on this withdrawal and did not review th...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner filed a request to withdraw the appeal. The decision notes that a withdrawal may not be retr...
dismissed
EB-2
Acupuncture
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any additional evidence to the AAO after fil...
Ability To Pay Proffered Wage
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Advanced Degree Failure To State Basis For Appeal
dismissed
EB-2
Communications
The appeal was dismissed because the job offer, as stated on the Form ETA 9089, did not require a professional holding an advanced degree or...
Advanced Degree Or Equivalent Job Requirement Exceptional Ability Ability To Pay Proffered Wage
dismissed
EB-2
Software Development
The appeal was dismissed because the petitioner filed for an EB-2 visa (advanced degree or exceptional ability professional), but the underl...
Job Requirements (Advanced Degree) Job Requirements (Exceptional Ability) Ability To Pay Proffered Wage
dismissed
EB-2
Unknown
The appeal was dismissed as moot. The beneficiary had already obtained lawful permanent resident status through other means after the petiti...
Employment Experience Mootness
remanded
EB-2
Unknown
The appeal was rejected because it was filed untimely, 36 days after the decision was issued, exceeding the 33-day limit. The AAO determined...
Timely Filing Of Appeal
remanded
EB-2
Unknown
The appeal was rejected because it was filed 76 days after the decision was issued, far exceeding the 33-day filing deadline. However, the A...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
dismissed
EB-2
Nursing
The appeal was dismissed because the job offer, as stated on the Form ETA 9089, did not require an advanced degree or an alien of exceptiona...
Advanced Degree Or Exceptional Ability Job Requirement Bona Fide Job Offer Ability To Pay Proffered Wage Proper Employer Filing
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner formally requested its withdrawal. The decision was procedural and not based on the merits o...
dismissed
EB-2
Management
The appeal was dismissed because the beneficiary did not possess the foreign equivalent of a four-year U.S. bachelor's degree, which was a r...
Advanced Degree Requirement Bachelor'S Degree Equivalency Five Years Of Progressive Experience
dismissed
EB-2
Unknown
The appeal was dismissed as moot because the petitioner submitted a request to withdraw the petition after the initial denial but before the...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw it. The AAO did not conduct a substantive review of the case ...
dismissed
EB-2
Unknown
The petitioner requested to withdraw the appeal on August 4, 2009. The AAO dismissed the appeal based on the petitioner's voluntary withdraw...
dismissed
EB-2
Unknown
The Motion to Reconsider was dismissed primarily for procedural reasons. It was filed 50 days after the AAO's decision, well beyond the 30-d...
Timeliness Of Motion To Reconsider Required Statement About Judicial Proceedings For A Motion
dismissed
EB-2
Unknown
The appeal was dismissed for procedural reasons, not on the merits of the case. The petitioner formally requested to withdraw the appeal, an...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw the appeal. The AAO acted upon this request, notin...
dismissed
EB-2
It Consulting
The appeal was dismissed because the beneficiary's three-year foreign Bachelor of Science degree was not found to be the equivalent of a U.S...
Advanced Degree Equivalence Foreign Degree Evaluation Bachelor'S Degree Plus Five Years Experience
dismissed
EB-2
Architecture
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Job Requires Advanced Degree Or Equivalent Failure To Identify Error On Appeal
dismissed
EB-2
Information Technology
The appeal was dismissed because the director determined the beneficiary did not possess the foreign equivalent of a U.S. baccalaureate degr...
Foreign Degree Equivalency Advanced Degree Requirements
remanded
EB-2
Automated Solutions Banking
The initial denial was due to the petitioner's failure to provide the required initial evidence and a certified labor certification in a tim...
Labor Certification Requirement Timely Submission Of Evidence Aao Jurisdiction
dismissed
EB-2
Computer Software
The appeal was dismissed because the job requirements on the ETA Form 9089 labor certification did not definitively require a professional h...
Advanced Degree Requirement Labor Certification Job Requirements Alternative Education And Experience
dismissed
EB-2
Unknown
The appeal was dismissed at the request of the petitioner's counsel. The Administrative Appeals Office did not rule on the merits of the cas...
dismissed
EB-2
Unknown
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
The appeal was dismissed because the petitioner requested to withdraw the appeal after the AAO issued a Notice of Intent to Deny. The withdr...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested that the appeal be withdrawn. The decision notes that a withdrawal may not be retr...
dismissed
EB-2
Unknown
The petitioner requested to withdraw the petition after the initial denial but before the AAO issued its decision on the appeal. This reques...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The decision was purely procedural...
sustained
EB-2
Dentistry
The director denied the petition, stating the job offered did not require an advanced degree as the labor certification listed a 'Bachelor's...
Advanced Degree Requirement Job Offer Requirements On Eta-750 Professional Licensure
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested that the appeal be withdrawn. The AAO noted that a withdrawal may not be retracted...
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 cas...
Timeliness Of Appeal Motion To Reopen Requirements
dismissed
EB-2
Engineering
The appeal was dismissed because the petitioner failed to submit the required initial evidence with the petition, specifically evidence demo...
Advanced Degree Submission Of Initial Evidence
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw the appeal. The AAO noted that a withdrawal may no...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, submitted a letter to withdraw the appeal. The AAO acted upon this request...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner submitted a request to withdraw the appeal. The decision notes that under federal regulation...
sustained
EB-2
Software Engineering
The appeal was sustained because the director incorrectly determined that the job did not require a member of the professions. The AAO found...
Job Requires Advanced Degree Bachelor'S Plus Five Years Experience As Equivalent To Advanced Degree Definition Of Profession Minimum Educational Requirements For The Occupation Whether The Degree Must Be In A Specific Field
dismissed
EB-2
Unknown
The motion was dismissed because it failed to meet procedural requirements. The petitioner did not submit any new facts, evidence, or legal ...
Motion To Reopen Motion To Reconsider
dismissed
EB-2
Unknown
The appeal was rejected because it was filed one day late. The petitioner filed the appeal 34 days after the director's decision was mailed,...
Timeliness Of Appeal Treating Late Appeal As Motion To Reopen/Reconsider
dismissed
EB-2
Unknown
The appeal was rejected because it was filed untimely. The appeal was received by USCIS on July 6, 2006, 36 days after the director's decisi...
Timely Filing Of Appeal
dismissed
EB-2
Unknown
The appeal was dismissed on procedural grounds because the petitioner's counsel formally withdrew the appeal. The decision did not address t...
dismissed
EB-2
Unknown
The appeal was rejected because it was untimely filed. The director's decision was issued on October 22, 2005, and the petitioner was given ...
Timeliness Of Appeal Filing
dismissed
EB-2
Unknown
The appeal was rejected because it was filed one day late. The petitioner had 33 days to file the appeal after the decision was mailed, but ...
Timely Filing Of Appeal
remanded
EB-2
Unknown
The appeal was rejected as untimely because it was filed 33 days after the revocation decision, well outside the 18-day filing period. Howev...
Timeliness Of Appeal
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw the underlying I-140 petition. The Administrative ...
Withdrawal Of Petition
sustained
EB-2
Orthotics And Prosthetics
The director denied the petition, finding the beneficiary did not possess a U.S. baccalaureate equivalent degree or the required five years ...
Advanced Degree Equivalence Foreign Equivalent Degree (Bachelor'S) Five Years Of Progressive Experience
dismissed
EB-2
Unknown
The appeal was dismissed on procedural grounds, not on the merits of the case. The petitioner's counsel formally requested to withdraw the a...
dismissed
EB-2
Unknown
The appeal was dismissed for procedural reasons, not on the merits of the case. The petitioner's counsel submitted a request to withdraw the...
dismissed
EB-2
Unknown
The appeal was dismissed on procedural grounds, not on its merits. The petitioner formally requested to withdraw the appeal, leading the AAO...
dismissed
EB-2
Unknown
The AAO's previous decision to sustain the appeal and approve the petition was entered in error and is being withdrawn. The petitioner had f...
Withdrawal Of Appeal Automatic Revocation
dismissed
EB-2
Unknown
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
Software Engineering
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. The director determined that the...
Permanent Job Offer Employer-Employee Relationship Control Over Beneficiary'S Work Corporate Relationship Between Petitioner And Contracting Company
dismissed
EB-2
Unknown
The appeal was summarily dismissed because the petitioner failed to provide any reason for the appeal. On the Form I-290B, the petitioner le...
Failure To State Grounds For Appeal
dismissed
EB-2
Unknown
The appeal was dismissed due to a formal withdrawal request submitted by the petitioner's counsel. The decision was procedural and did not a...
dismissed
EB-2
Unknown
The appeal was dismissed on procedural grounds, not on the merits of the case. The petitioner submitted a request to withdraw the appeal, wh...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through their counsel, formally requested to withdraw the appeal. The decision was not base...
dismissed
EB-2
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner's counsel formally requested to withdraw the appeal, lead...
dismissed
EB-2
Unknown
The appeal was dismissed on procedural grounds because the petitioner's counsel formally requested to withdraw it. The decision did not addr...
dismissed
EB-2
Unknown
The appeal was dismissed because it was withdrawn by the petitioner's counsel. The decision was purely procedural and not based on the merit...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was not based on the merits o...
sustained
EB-2
Software Development
The director denied the petition, finding that the job's alternative requirements (a master's degree in any field plus vocational training) ...
Advanced Degree Requirement Professional Occupation Definition Labor Certification Job Requirements Alternative Job Requirements
sustained
EB-2
Software Engineering
The appeal was sustained because the petitioner submitted new evidence on appeal that overcame the director's grounds for denial. Specifical...
Beneficiary'S Advanced Degree Or Equivalent Job Requires Advanced Degree Petitioner'S Ability To Pay
dismissed
EB-2
Market Research Analysis
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies as an alien of exceptional ability. The d...
Exceptional Ability Job Requirements Ability To Pay
remanded
EB-2
Computer Science
The AAO withdrew the director's initial denial, which was based on a finding that the beneficiary's experience was not progressive. However,...
Advanced Degree Equivalence Progressive Experience Foreign Equivalent Degree
remanded
EB-2
Project Management
The director denied the petition, stating the petitioner failed to submit required supporting documentation within seven business days of an...
Timely Submission Of Supporting Documents Electronic Filing Requirements
dismissed
EB-2
Computer Science
The appeal was dismissed because the director correctly determined the beneficiary did not possess the foreign equivalent of a U.S. baccalau...
Advanced Degree Equivalence U.S. Baccalaureate Degree Equivalence
remanded
EB-2
Unknown
The appeal was rejected because it was filed one day late, 34 days after the decision was issued, while the limit is 33 days. However, the m...
Timeliness Of Appeal Motion To Reconsider
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel requested to withdraw it. The AAO noted that while the underlying petition could n...
Withdrawal Of Appeal
dismissed
EB-2
Unknown
The appeal was dismissed for procedural reasons rather than on its merits. The petitioner's counsel submitted a request to withdraw the appe...
sustained
EB-2
Computer Science
The director denied the petition, misinterpreting a statement on the ETA Form 9089 as allowing for a combination of education and experience...
Advanced Degree Equivalent Job Offer Requirements Eta Form 9089 Interpretation
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw it. The decision was not based on the merits of the case.
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was a procedural dismissal ba...
dismissed
EB-2
Unknown
The appeal was dismissed on procedural grounds after the petitioner's counsel formally requested to withdraw the appeal. There was no substa...
dismissed
EB-2
Unspecified
The appeal was dismissed because the petitioner's counsel filed a request to withdraw it. The AAO dismissed the appeal based on this withdra...
Withdrawal Of Appeal
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel submitted a request to withdraw the appeal. Consequently, the AAO did not adjudica...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested that the matter be withdrawn after the initial denial. The Administrative Appeals ...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw it. The AAO dismissed the case on this basis withou...
dismissed
EB-2
Software Development
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Beneficiary'S Educational Qualifications Failure To State Grounds For Appeal Petitioner'S Ability To Pay
dismissed
EB-2
Software Engineering
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to challenge the directo...
Advanced Degree Requirement Failure To Submit Brief/Evidence
dismissed
EB-2
Unknown
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
The appeal was dismissed for procedural reasons, not on its merits. The petitioner's counsel formally requested that the appeal be withdrawn...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel filed a request to withdraw the appeal. The AAO did not conduct a substantive revi...
dismissed
EB-2
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the foreign equivalent of a U.S. baccalau...
Advanced Degree Professional Foreign Equivalent Degree Combination Of Education And Experience Educational Requirements For Labor Certification
dismissed
EB-2
Unknown
The appeal was dismissed based on a formal request for withdrawal by the petitioner. The Administrative Appeals Office did not conduct a rev...
remanded
EB-2
Unknown
The appeal was rejected as untimely because it was received 36 days after the decision was issued, exceeding the 33-day filing deadline. How...
Timeliness Of Appeal Motion To Reconsider
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner requested its withdrawal. The AAO took no further action on the substance of the appeal.
dismissed
EB-2
Unknown
The petitioner requested that the appeal be withdrawn on November 19, 2008. Consequently, the appeal was dismissed based on the petitioner's...
dismissed
EB-2
Unknown
The appeal was dismissed based on the petitioner's request to withdraw it. The decision was procedural and did not address the merits of the...
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner, through counsel, formally requested that the appeal be withdrawn. The Administrative Appeal...
dismissed
EB-2
Unknown
The appeal was dismissed primarily because it was untimely filed, 27 days after the decision was rendered, which exceeds the regulatory dead...
Timeliness Of Appeal Revocation Authority Ac21 Portability
dismissed
EB-2
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was not made on the merits of...
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 →