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)
1963 total decisions
Page 11 of 20
remanded
EB-3
Software Development
The appeal was remanded because the Director failed to consider or discuss relevant evidence submitted by the Petitioner in response to a No...
Ability To Pay Proffered Wage Intent To Employ
remanded
EB-3
Baseball
The Director's decision was withdrawn because the denial, based on the petitioner using the wrong labor certification form (ETA 750), was in...
Labor Certification Validity Ability To Pay Proffered Wage
dismissed
EB-3
Retail Shipping
The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate a continuous ability to pay the proffered wag...
Ability To Pay Proffered Wage
dismissed
EB-3
Automotive Parts
The motions to reopen and reconsider were denied primarily on procedural grounds. The petitioner's prior motions were filed one day late, an...
Ability To Pay Beneficiary Qualifications Timeliness Of Motion
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the petition's pri...
Ability To Pay Bona Fide Job Offer
remanded
EB-3
Software Development
The Director initially denied the petition, concluding the petitioner failed to demonstrate its ability to pay the proffered wage. The AAO w...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner's notice of filing for labor certification failed to provide the physical address of the app...
Labor Certification Notice Of Filing Schedule A Occupations 20 C.F.R. § 656.10(D)
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the petition's priority dat...
Ability To Pay The Proffered Wage
remanded
EB-3
Retail Sales And Marketing
The decision was remanded due to procedural errors by the Director. After a previous remand, the Director improperly issued a notice of inte...
Beneficiary'S Qualifying Experience Labor Certification Requirements Procedural Requirements For Revocation Vs. Denial
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the Petitioner failed to adequately demonstrate that the Beneficiary possessed the required two years of ex...
Beneficiary'S Qualifying Experience Authenticity Of Documentation Credibility Of Evidence Sufficiency Of Evidence
dismissed
EB-3
Business Management
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum educational requirements of the o...
Beneficiary'S Qualifications Labor Certification Requirements Educational Equivalency
dismissed
EB-3
Culinary
The appeal was dismissed because the Director found a willful misrepresentation of a material fact regarding the Beneficiary's qualifying wo...
Qualifying Experience Willful Misrepresentation Evidence Credibility Labor Certification Validity
dismissed
EB-3
Retail
The appeal was dismissed because the AAO found that the petitioner willfully misrepresented a material fact on the labor certification by fa...
Willful Misrepresentation Familial Relationship Bona Fide Job Opportunity Labor Certification Validity
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner, a Moroccan restaurant, failed to establish its ability to pay the proffered wage from the p...
Ability To Pay Proffered Wage Beneficiary'S Work Experience Labor Certification Requirements
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum educational requirements for the ...
Educational Requirements Foreign Degree Equivalency Work Experience As Degree Equivalent Labor Certification Requirements
dismissed
EB-3
Retail Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of qualifying work...
Beneficiary'S Qualifying Experience Ability To Pay Proffered Wage Evidence Credibility Fraud/Misrepresentation
sustained
EB-3
Logistics
The appeal was sustained because the petitioner submitted additional financial evidence, including a federal income tax return, which was su...
Ability To Pay Proffered Wage
sustained
EB-3
Healthcare
The appeal was sustained because the Director erred in determining the petitioner lacked the ability to pay the proffered wage. The Director...
Ability To Pay
sustained
EB-3
Healthcare
The appeal was sustained because the petitioner successfully demonstrated that the Director's denial was based on a misreading of its financ...
Ability To Pay The Proffered Wage
sustained
EB-3
Healthcare
The appeal was sustained because the Service Center initially misinterpreted the petitioner's financial statements, failing to recognize tha...
Ability To Pay Proffered Wage
dismissed
EB-3
Dance
The appeal was dismissed because the petitioner filed under the third preference skilled worker classification but sought a Schedule A desig...
Eb-3 Skilled Worker Schedule A Designation Change Of Classification On Appeal Extraordinary Ability (Eb-1A) Exceptional Ability (Eb-2)
sustained
EB-3
Healthcare
The appeal was sustained because the Director's denial was based on a misreading of the Petitioner's financial statements. The Service had f...
Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner willfully misrepresented a material fact on the labor certification application by failing t...
Labor Certification Validity Willful Misrepresentation Material Fact Bona Fide Job Opportunity Familial Relationship Ineffective Assistance Of Counsel
sustained
EB-3
Healthcare
The appeal was sustained because the Service Center made an error in reading the petitioner's financial statements, failing to account for t...
Ability To Pay Proffered Wage
remanded
EB-3
Education
The appeal was remanded because the Director's denial was based on an incomplete analysis of the labor certification's minimum educational r...
Labor Certification Minimum Requirements Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay
dismissed
EB-3
Software Engineering
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements outlined in the labor certification. The ...
Labor Certification Requirements Minimum Educational Requirement Foreign Educational Equivalent Combination Of Education And Experience
sustained
EB-3
Healthcare
The appeal was sustained because the Service Center director incorrectly read the petitioner's financial statements, failing to account for ...
Ability To Pay Proffered Wage
dismissed
EB-3
Service Station Management
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the combined proffered wages for the beneficiary in...
Ability To Pay Proffered Wage Net Income Net Current Assets Multiple Beneficiaries
remanded
EB-3
Farming
The Director denied the petition because the Petitioner did not establish its ability to pay the proffered wage. The AAO remanded the case b...
Ability To Pay The Proffered Wage
sustained
EB-3
Restaurant
The Director initially denied the petition because the petitioner did not establish its ability to pay the proffered wage. On appeal, the pe...
Ability To Pay The Proffered Wage
remanded
EB-3
Culinary
The decision was remanded on procedural grounds, not the merits of the case. The Director dismissed the Beneficiary's motion to reconsider t...
Bona Fide Job Opportunity Valid Labor Certification Fraud Or Willful Misrepresentation Affected Party Status Portability (Ac21)
dismissed
EB-3
Construction
The motion to reconsider was denied because the petitioner did not establish that the prior decision was based on an incorrect application o...
Qualifying Work Experience Consistency Of Evidence Requirements For A Motion To Reconsider
dismissed
EB-3
Export Groceries
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Proffered Wage Beneficiary'S Educational Requirements
dismissed
EB-3
Retail Supervision
The motion to reconsider was denied because the petitioner failed to resolve significant and numerous inconsistencies regarding the benefici...
Beneficiary'S Experience Labor Certification Requirements Evidence Credibility
dismissed
EB-3
Auditing
The appeal was dismissed because the beneficiary's educational credentials did not meet the requirements for the EB-3 professional classific...
Possession Of A U.S. Baccalaureate Degree Or A Foreign Equivalent Degree Single-Source Degree Requirement Academic Equivalency Evaluation
dismissed
EB-3
Health Care
The initial petition for an 'other worker' was denied because the position of registered nurse required more than two years of training, mak...
Other Worker Classification Skilled Worker Classification Correction Of Visa Classification After Filing
remanded
EB-3
Marketing
The Director's decision was withdrawn because the position correctly qualifies as an 'other worker' since it requires less than two years of...
Job Requirements (Training/Experience) Beneficiary'S Educational Qualifications Bona Fide Job Offer
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The AAO rejected the petitioner...
Ability To Pay The Proffered Wage Net Income Net Current Assets Proration Of Wages Inclusion Of Fringe Benefits In Wage Ability To Pay For Multiple Beneficiaries
dismissed
EB-3
Agriculture
The motion to reopen was denied because it failed to state new facts. The underlying petition was deemed ineligible for the EB-3 skilled wor...
Job Requires Minimum 2 Years Of Training/Experience Beneficiary'S Educational Qualifications Beneficiary'S Work Experience Meeting Requirements By Priority Date
dismissed
EB-3
Accounting
The motions to reopen and reconsider were denied because the petitioner failed to prove the beneficiary's three-year Indian bachelor's degre...
Educational Requirements (U.S. Bachelor'S Or Foreign Equivalent) Labor Certification Requirements Motion To Reopen Standards Motion To Reconsider Standards
remanded
EB-3
Construction
The appeal was remanded because the Director's denial failed to properly consider and address the new evidence submitted by the Petitioner r...
Beneficiary Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the evidence submitted to prove the beneficiary's required two years of work experience was found not to be...
Qualifying Work Experience Credibility Of Evidence Labor Certification Requirements
sustained
EB-3
Computer Hardware
The appeal was initially denied because the Director concluded the beneficiary lacked the required one year of job experience. The appeal wa...
Beneficiary'S Experience Labor Certification Validity Ability To Pay Proffered Wage
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required U.S. baccalaureate degree ...
Educational Requirements (Bachelor'S Degree Or Foreign Equivalent) Labor Certification Requirements Equivalency Of Foreign Credentials Combination Of Education And Experience
dismissed
EB-3
Jewelry Manufacturing
The appeal was dismissed because the Petitioner failed to prove it was a valid successor in interest to the employer that filed the labor ce...
Successor In Interest Validity Of Labor Certification
remanded
EB-3
Logistics
The Director's denial, based on the petitioner's ability to pay the proffered wage, was withdrawn because new evidence showed sufficient net...
Ability To Pay Proffered Wage Educational Requirements Experience Requirements
dismissed
EB-3
Procurement
The motion to reopen was denied, upholding the prior dismissal, because the petitioner failed to establish the beneficiary's qualifying work...
Beneficiary'S Qualifying Experience Labor Certification Requirements Credibility Of Evidence Inconsistencies In The Record
dismissed
EB-3
Nursing
The appeal was dismissed because the I-140 petition and its accompanying labor certification application were filed after the Prevailing Wag...
Prevailing Wage Determination Validity Schedule A Occupation Filing Requirements
dismissed
EB-3
Franchise Business
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary met the work experience requirements specified in...
Beneficiary'S Qualifying Work Experience Labor Certification Requirements
dismissed
EB-3
Graphic Design
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements set forth in the labor certification. The...
Beneficiary'S Educational Qualifications Labor Certification Requirements Bona Fide Job Offer Validity Of Labor Certification Signature
dismissed
EB-3
Electronics Repair
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage for the year of the priority dat...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the petitioner, a parent holding company, failed to demonstrate its intent to directly employ the beneficia...
Intention To Employ Valid Employer-Employee Relationship Ability To Pay Beneficiary'S Qualifying Experience
sustained
EB-3
Education
The appeal was sustained because the petitioner provided sufficient evidence on appeal to overcome the director's grounds for revocation. Sp...
Beneficiary'S Requisite Experience Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required work experience as of the pr...
Beneficiary'S Qualifications Qualifying Experience Material Misrepresentation
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that its initial request for a 'professional' classification was a cle...
Professional Classification (Bachelor'S Degree Requirement) Skilled Worker Classification Beneficiary'S Qualifications Amendment Of Petition After Filing
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's foreign education met the minimum requirements of...
Foreign Degree Equivalency Labor Certification Requirements Educational Requirements
dismissed
EB-3
Charity
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Beneficiary Qualifications
remanded
EB-3
Construction
The Director denied the petition based on an incorrect analysis, using 2017 financial evidence when the priority date was in 2018. The AAO r...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum two years of experience requi...
Beneficiary'S Qualifications/Experience Ability To Pay Proffered Wage Bona Fide Job Offer
remanded
EB-3
Restaurant Management
The Director's decision to deny the petition based on a lack of a bona fide job offer was withdrawn, as the AAO found the petitioner establi...
Bona Fide Job Offer Valid Labor Certification Ability To Pay Proffered Wage
dismissed
EB-3
Electrician
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum requirement of two years of experience as an...
Qualifying Work Experience Letters From Former Employers
dismissed
EB-3
Retail
The beneficiary's motions to reopen and reconsider were denied because she lacked legal standing. A beneficiary is only considered an 'affec...
Beneficiary Standing Motion To Reopen Motion To Reconsider Job Portability (Ac21)
dismissed
EB-3
Industrial Engineering
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 Proffered Wage
remanded
EB-3
Securities
The case was remanded because the initial decision was made before the required evidence for the petitioner's ability to pay for the 2018 pr...
Ability To Pay Labor Certification Requirements
remanded
EB-3
Accounting
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO determined that the Director first needed to...
Ability To Pay Bona Fide Job Offer Beneficiary As An Affected Party Portability Under Section 204(J)
dismissed
EB-3
Marketing
The appeal was dismissed because the petitioner failed to establish that the beneficiary's Brazilian degree was equivalent to a U.S. baccala...
Professional Classification Foreign Degree Equivalency Labor Certification Requirements Submission Of Official Academic Records
dismissed
EB-3
Construction
The appeal was dismissed because the Petitioner failed to demonstrate its ability to pay the proffered wage from the petition's priority dat...
Ability To Pay
remanded
EB-3
E-Learning
The Director denied the petition, finding the petitioner and its predecessor could not pay the proffered wage in 2018. The AAO remanded the ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Soccer
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date. The wage e...
Beneficiary'S Education Ability To Pay Proffered Wage
dismissed
EB-3
Management
The appeal was dismissed due to significant inconsistencies between the beneficiary's claimed work experience on the labor certification and...
Qualifying Work Experience Credibility Of Evidence Willful Misrepresentation
dismissed
EB-3
Culinary
The appeal was dismissed as moot. While this appeal was pending, the petitioner filed a second I-140 petition on behalf of the same benefici...
Ability To Pay Proffered Wage
dismissed
EB-3
Real Estate Development
The motions to reopen and reconsider were dismissed because the petitioner's previous motion was filed late. The petitioner's current motion...
Motion To Reopen Requirements Motion To Reconsider Requirements Timely Filing Of Motion
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The Director found tha...
Ability To Pay Proffered Wage
sustained
EB-3
Information Technology
The Director initially denied the petition, finding the petitioner had not established it was a valid successor-in-interest or that it and i...
Successor-In-Interest Ability To Pay
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to establish it was a valid successor-in-interest to the original company that filed ...
Successor-In-Interest Ability To Pay Beneficiary Qualifications Transfer Of Ownership Same Job Opportunity
dismissed
EB-3
Nursing
The motion to reopen a previously dismissed appeal was denied because the petitioner again failed to establish its continuing ability to pay...
Ability To Pay Proffered Wage Notice Of Filing Requirement Schedule A Occupation Requirements Beneficiary Qualifications Ability To Pay For Multiple Beneficiaries
remanded
EB-3
Automotive
The appeal was remanded because USCIS failed to provide proper notice of its intent to revoke the petition. The Notice of Intent to Revoke (...
Revocation Of Approval Motion To Reopen Proper Notice Last Known Address Termination Of Business Appellate Jurisdiction
dismissed
EB-3
Newspaper Distribution
The motion to reopen was denied because the new evidence submitted to establish the beneficiary's qualifying work experience was inconsisten...
Ability To Pay Beneficiary Qualifications Work Experience Misrepresentation
dismissed
EB-3
Medicine
The motion to reconsider was denied because the petitioner failed to meet Department of Labor (DOL) regulations for the Schedule A applicati...
Prevailing Wage Determination Notice Of Filing Ability To Pay Beneficiary'S Qualifying Experience
sustained
EB-3
Software Engineering
The Director initially denied the petition because the Petitioner did not establish a valid 'successor-in-interest' relationship to the empl...
Successor-In-Interest Labor Certification Validity
dismissed
EB-3
Technology
The appeal was dismissed because the underlying labor certification did not meet the requirements for the 'professional' classification. The...
Labor Certification Requirements Professional Classification Bachelor'S Degree Requirement
remanded
EB-3
Physical Therapy
The Director denied the petition because the Petitioner was subject to a one-year mandatory debarment by the Department of Labor. The AAO wi...
Petitioner Debarment Schedule A Occupation Processing Delays
dismissed
EB-3
Cleaning Services
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage. The petitioner's net income for...
Ability To Pay Proffered Wage Beneficiary Qualifications
dismissed
EB-3
Consulting Services
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. T...
Ability To Pay Proffered Wage
dismissed
EB-3
Electrical Engineering
The appeal was dismissed because the Director revoked the initial approval after finding evidence of fraud and misrepresentation. The Benefi...
Beneficiary'S Educational Qualifications Validity Of Labor Certification Fraud Or Misrepresentation Beneficiary'S Work Experience
dismissed
EB-3
Landscaping
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Work Experience
dismissed
EB-3
Education
The appeal was dismissed because the Beneficiary did not possess a single foreign degree equivalent to a U.S. baccalaureate degree as requir...
Possession Of U.S. Baccalaureate Or Foreign Equivalent Degree Foreign Credential Evaluation Job Requirements On Labor Certification
remanded
EB-3
Engineering
The Director initially denied the petition, filed under the EB-3 professional category, because the Beneficiary lacked a U.S. bachelor's deg...
Professional Classification Requirements Skilled Worker Classification Requirements Foreign Degree Equivalency Reclassification Of Petition
dismissed
EB-3
Information Technology
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 Proffered Wage
sustained
EB-3
Supply Services
The appeal was sustained because the petitioner overcame the grounds for revocation. The Director had revoked the approval based on a findin...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay Beneficiary'S Qualifying Education
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements as stated on the labor certification. The...
Beneficiary Qualifications Labor Certification Requirements Educational Equivalency Bona Fide Job Opportunity Actual Minimum Requirements
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner did not respond to the AAO's notice of intent to dismiss (NOID). The AAO therefore considere...
Ability To Pay Proffered Wage Abandonment Failure To Respond To Noid
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner, which had filed multiple Form I-140 petitions, failed to demonstrate its ability to pay the...
Ability To Pay The Proffered Wage
dismissed
EB-3
Law
The motion to reconsider was denied, upholding a prior dismissal, because the petitioner, a law firm, failed to establish its ability to pay...
Ability To Pay
dismissed
EB-3
Information Technology
The appeal was dismissed because the job requirements on the certified labor certification did not align with the statutory requirements for...
Labor Certification Job Requirements Professional Classification Educational Requirements Alternative Educational Requirements Evidence Of Qualifying Experience
dismissed
EB-3
Computer Science
The motion to reconsider was dismissed because the petitioner failed to establish that the original decision was incorrect. The Director cor...
Possession Of U.S. Baccalaureate Degree Or Foreign Equivalent
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies between the experience claimed on the labor ce...
Beneficiary'S Qualifying Experience Labor Certification Requirements Documentation Of Prior Experience Experience Gained With The Same Employer Discrepancies In Evidence
dismissed
EB-3
Agriculture
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Proffered Wage Beneficiary'S Qualifications Bona Fide Job Offer
dismissed
EB-3
Agriculture
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Bona Fide Job Offer
dismissed
EB-3
Garment Manufacturing
The appeal was dismissed because the record contained substantial and probative evidence that the beneficiary had previously entered into a ...
Beneficiary'S Prior Marriage Fraud (Section 204(C)) Petitioner'S Ability To Pay Beneficiary'S Qualifications
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