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 12 of 20
dismissed
EB-3
Auto Repair
The appeal was dismissed because the petitioner, a sole proprietor, failed to demonstrate a continuing ability to pay the beneficiary's prof...
Ability To Pay The Proffered Wage
dismissed
EB-3
Software
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum educational requirements of the certified la...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Engineering
The appeal was dismissed because the petitioner sought classification as a professional, which requires the job to have a minimum of a bache...
Professional Classification Requirements Skilled Worker Classification Labor Certification Requirements Minimum Education Requirements Alternate Combination Of Education And Experience
dismissed
EB-3
Software Development
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements specified on the labor certification. The...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements Alternative Job Requirements (Kellogg Language) Motion To Reconsider
sustained
EB-3
Culinary
The appeal was initially dismissed because the petitioner had not demonstrated its ability to pay the proffered wage. The AAO reopened the c...
Ability To Pay Proffered Wage
remanded
EB-3
Culinary Arts
The Director denied the petition, finding the beneficiary ineligible due to a prior marriage entered into for the purpose of evading immigra...
Section 204(C) - Marriage Fraud Bar
dismissed
EB-3
Culinary
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss and Reques...
Failure To Respond To Rfe Ability To Pay Bona Fide Job Offer Beneficiary'S Qualifying Experience
dismissed
EB-3
Real Estate Property Management
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date onward. The...
Ability To Pay Beneficiary Qualifications Educational Requirements
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the beneficiary did not meet all the job requirements listed on the labor certification by the petition's p...
Beneficiary Qualifications Labor Certification Requirements Priority Date Requirements
dismissed
EB-3
Physical Therapy
The appeal was dismissed because the Beneficiary's degree was in kinesiology, not physical therapy as explicitly required by the ETA Form 90...
Educational Requirements Foreign Degree Equivalency Job Requirements On Eta Form 9089
dismissed
EB-3
Garment Manufacturing
The motions to reopen and reconsider were denied because the petitioner did not meet the applicable requirements. The petitioner failed to s...
Motion To Reopen Standards Motion To Reconsider Standards Marriage Fraud Bar
dismissed
EB-3
Software Development
The appeal was dismissed because the Beneficiary's degree, a bachelor of elective studies, did not meet the labor certification's minimum re...
Beneficiary'S Educational Qualifications Meeting Labor Certification Requirements
dismissed
EB-3
Wholesale Trade
The appeal was dismissed because the offered position did not qualify for the 'professional' classification, as the labor certification allo...
Professional Classification (Degree Requirement) Ability To Pay
sustained
EB-3
Information Technology
The appeal was sustained because upon de novo review, the AAO found that the petitioner established the beneficiary met the minimum experien...
Beneficiary Qualifications Ability To Pay
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the beneficiary did not meet all of the job requirements listed on the labor certification by the petition'...
Meeting Job Requirements By Priority Date Drug Screening And Criminal Background Check
sustained
EB-3
Education
The appeal was sustained because the petitioner successfully refuted the Director's grounds for revocation, which were based on fraud or wil...
Beneficiary'S Educational Credentials Validity Of Foreign Degree Evaluation Accreditation Of Foreign Institution Bona Fide Job Offer
remanded
EB-3
Dentistry
The Director denied the petition after concluding the beneficiary's Canadian diploma was not equivalent to the required U.S. associate's or ...
Educational Requirements Foreign Degree Equivalency Experience In Lieu Of Education
dismissed
EB-3
Culinary Arts
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not submit a brief or s...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-3
Commercial Cleaning
The appeal was dismissed because the beneficiary did not meet all job requirements listed on the labor certification by the priority date. T...
Beneficiary Qualifications Labor Certification Requirements Priority Date Drug Screening Criminal Background Check
dismissed
EB-3
Tailoring
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's qualifying work ex...
Beneficiary Qualifications Work Experience Verification Fraud Or Willful Misrepresentation Labor Certification Invalidation
sustained
EB-3
Accounting
The Director denied the petition, invalidating the underlying labor certification for fraud because the petitioner failed to disclose a fami...
Bona Fide Job Opportunity Fraud Or Willful Misrepresentation Familial Relationship Labor Certification Validity
dismissed
EB-3
Banking
The motion to reconsider was denied, affirming the prior dismissal. The petitioner failed to establish that the beneficiary met the requirem...
Labor Certification Requirements Educational Requirements Foreign Educational Equivalency
dismissed
EB-3
Information Technology
The appeal was dismissed for two primary reasons. First, the labor certification did not strictly require a bachelor's degree for the positi...
Labor Certification Requirements For Professional Classification Beneficiary'S Qualifying Work Experience
remanded
EB-3
Accounting
The appeal was remanded because the language on the labor certification regarding the position's alternate educational requirement was ambig...
Beneficiary'S Educational Qualifications Labor Certification Requirements Degree Equivalency
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the Director found the petitioner willfully misrepresented a material fact on the labor certification appli...
Valid Labor Certification Fraud Or Willful Misrepresentation Bona Fide Job Opportunity Familial Relationship Disclosure
dismissed
EB-3
Information Technology
The appeal was dismissed primarily because the labor certification allowed for a combination of education and experience in lieu of a bachel...
Labor Certification Requirements Beneficiary'S Educational Qualifications Foreign Degree Equivalency
dismissed
EB-3
Education
The appeal was dismissed because the appellant failed to establish a valid successor-in-interest relationship after the original petitioner ...
Successor-In-Interest Beneficiary'S Education Ability To Pay Bona Fide Job Offer
dismissed
EB-3
Language Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum educational requirement for t...
Educational Requirements Of The Labor Certification Foreign Degree Equivalency Combination Of Education And Experience
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the required two years of experience as a chef. Th...
Beneficiary'S Qualifying Experience Evidence Of Employment Resolving Inconsistencies In The Record
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to overcome the Director's finding of fraud or willful misrepresentation. The benefic...
Beneficiary'S Qualifying Experience Credibility Of Evidence Fraud Or Willful Misrepresentation
remanded
EB-3
Automotive Services
The matter was remanded because the AAO found that the record did not establish the beneficiary's basic eligibility for the position before ...
Education Requirements Experience Requirements Ability To Pay Fraud/Misrepresentation
dismissed
EB-3
Product Line Manager
The motion to reopen was denied because it was untimely filed. The petitioner filed the motion 34 days after the service date of the prior u...
Skilled Worker
sustained
EB-3
Industrial Food Processing
The Director initially denied the petition for failing to establish the ability to pay the proffered wage. The appeal was sustained because ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The evid...
Ability To Pay Proffered Wage
remanded
EB-3
Poultry Processing
The Director's reason for denial, an omission on the labor certification regarding the beneficiary's prior experience, was found to be irrel...
Beneficiary Qualifications Bona Fide Job Opportunity Ability To Pay Proffered Wage Labor Certification Requirements
remanded
EB-3
Jewelry Retail
The AAO found that the Director erred in revoking the petition. It concluded that the Beneficiary's combined three-year bachelor's degree an...
Beneficiary'S Educational Qualifications Bona Fides Of The Job Offer Ability To Pay The Proffered Wage
dismissed
EB-3
Countertop Fabrication
The appeal was dismissed because the petitioner failed to prove the beneficiary met all job requirements from the labor certification as of ...
Beneficiary Qualifications Labor Certification Requirements Bona Fides Of The Job Opportunity
dismissed
EB-3
Sewing
The petitioner's motions to reopen and reconsider were denied. The petitioner failed to provide new facts for the motion to reopen and did n...
Ability To Pay Successor-In-Interest Motion To Reopen Motion To Reconsider
remanded
EB-3
Information Technology
The AAO found that the additional evidence submitted on appeal, specifically letters from former employers, was sufficient to establish that...
Beneficiary'S Experience Ability To Pay Proffered Wage
dismissed
EB-3
Business Operations
The appeal was dismissed because the Beneficiary's three-year Romanian degree was not proven to be the equivalent of a U.S. bachelor's degre...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Software Consulting
The appeal was dismissed because the underlying labor certification did not require a U.S. bachelor's degree or its foreign equivalent, whic...
Labor Certification Requirements Professional Classification (Bachelor'S Degree Requirement) Beneficiary'S Qualifying Experience
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage since the priority date...
Ability To Pay The Proffered Wage
dismissed
EB-3
Software Engineering
The motion to reopen was denied, affirming the prior dismissal of the appeal. The Petitioner failed to establish that the Beneficiary posses...
Beneficiary Eligibility Qualifying Experience Ability To Pay
sustained
EB-3
Computer Programming
The appeal was sustained because the petitioner successfully proved the beneficiary's foreign degree is equivalent to a U.S. bachelor's degr...
U.S. Baccalaureate Or Foreign Equivalent Degree
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to submit a valid Prevailing Wage Determination (PWD) at the time the petition was fi...
Prevailing Wage Determination (Pwd) Schedule A Occupation Ability To Pay Eligibility At Time Of Filing
dismissed
EB-3
Software Development
The motion to reopen and reconsider was denied because the beneficiary did not meet the terms of the labor certification for classification ...
Professional Classification Skilled Worker Classification Beneficiary'S Qualifications Labor Certification Requirements Ability To Pay Proffered Wage
dismissed
EB-3
Real Estate
The initial approval was revoked because the Beneficiary's educational credentials were found to be fraudulent and from a 'diploma mill'. Th...
Beneficiary Qualifications Labor Certification Requirements Fraudulent Documents Ability To Pay
dismissed
EB-3
Accounting
The appeal was summarily dismissed because the Petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to disclose a familial relationship (the owner and beneficiary were cousins) on the l...
Labor Certification Validity Willful Misrepresentation Of A Material Fact Familial Relationship Disclosure Bona Fide Job Opportunity
dismissed
EB-3
Clinical Laboratory Science
The Director initially denied the petition, finding that the petitioner did not establish its ability to pay the beneficiary the proffered w...
Ability To Pay Proffered Wage
dismissed
EB-3
Jewelry Wholesale
The appeal was dismissed because the beneficiary did not possess the U.S. baccalaureate degree, or a foreign equivalent, required by the lab...
Baccalaureate Degree Requirement Foreign Degree Equivalency Professional Occupation Definition Labor Certification Requirements
dismissed
EB-3
Sports Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum experience requirements for the pro...
Beneficiary Qualifications Work Experience Documentation
dismissed
EB-3
Information Technology
The initial petition was denied because the Director found the Beneficiary did not possess the required bachelor's degree for the position. ...
Beneficiary Qualifications (Education) Procedural Requirements For Appeal
dismissed
EB-3
Apparel Manufacturing
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 Revocation For Good And Sufficient Cause
dismissed
EB-3
Information Technology
The appeal was dismissed because the associated labor certification (ETA Form 9089) contained conflicting information regarding the minimum ...
Labor Certification Requirements Minimum Job Requirements Bachelor'S Degree Requirement
sustained
EB-3
Culinary
The Director initially revoked the petition, finding the beneficiary was unqualified, the petitioner lacked the ability to pay the proffered...
Beneficiary Qualifications Ability To Pay Proffered Wage Fraud
dismissed
EB-3
Food Service Management
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Dismiss (NOID). The NOID r...
Ability To Pay Continued Existence Of Petitioner Bona Fide Job Offer Beneficiary Qualifications Abandonment
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to provide sufficient documentary evidence to establish it was a valid successor-in-i...
Successor-In-Interest Relationship
dismissed
EB-3
Automobile Brokerage
The appeal was summarily dismissed as abandoned because the Petitioner failed to respond to a Notice of Intent to Dismiss (NOID) within the ...
Bona Fides Of The Job Opportunity Failure To Respond To Noid
sustained
EB-3
Hospitality
The Director initially denied the petition, determining that the petitioner had not demonstrated its ability to pay the beneficiary the prof...
Ability To Pay Proffered Wage
sustained
EB-3
Marine Transportation
The Director denied the petition, determining the petitioner did not establish that it was the successor-in-interest to the original labor c...
Successor-In-Interest
remanded
EB-3
Culinary
The AAO reopened the case on its own motion and remanded it to the Director. The decision was remanded because the original Notice of Intent...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay The Proffered Wage Validity Of Experience Letter
dismissed
EB-3
Systems Analyst
The petitioner requested to withdraw the appeal. The appeal was dismissed based on the petitioner's voluntary withdrawal, which cannot be re...
Withdrawal Of Appeal
dismissed
EB-3
Church Administration
The motion to reopen was denied because the entity that filed it failed to establish its legal standing as the petitioner's successor-in-int...
Successor-In-Interest Legal Standing Affected Party
remanded
EB-3
Nursing
The appeal was remanded primarily due to a procedural error; the Director revoked the petition only two days after reissuing a Notice of Int...
Successor-In-Interest Notice Of Intent To Revoke (Noir) Procedure Prevailing Wage Determination Beneficiary'S Educational Qualifications Schedule A Occupation
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner filed for a 'skilled worker' classification, but the job requirements on the supporting labo...
Skilled Worker Requirements Other Worker Requirements Labor Certification Job Requirements Amendment Of Petition
sustained
EB-3
Finance
The Director initially denied the petition, concluding the beneficiary lacked a degree in the required field and had insufficient proof of w...
Professional Classification Baccalaureate Degree Or Foreign Equivalent Required Work Experience Labor Certification Requirements
dismissed
EB-3
Culinary Arts
The petitioner failed to establish its ability to pay the proffered wage, particularly as it had filed petitions for numerous other benefici...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Work Experience Response To Request For Evidence (Rfe)
dismissed
EB-3
Woodworking
The appeal was dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Dismiss (NOID). The NOID raised issu...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Labor Certification Validity
dismissed
EB-3
Nursing
The appeal was dismissed because the Petitioner formally requested to withdraw it. The AAO dismissed the case based on this withdrawal, noti...
dismissed
EB-3
Construction
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Dismiss (NOID). The NOID w...
Ability To Pay Proffered Wage Bona Fide Job Offer Successor-In-Interest
dismissed
EB-3
Computer Science
The appeal was dismissed because the beneficiary did not meet the minimum educational requirement specified on the labor certification. The ...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements Combination Of Education And Experience
dismissed
EB-3
Finance
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence to support the appeal after in...
Professional Position Requirements Beneficiary'S Educational Qualifications
dismissed
EB-3
Travel Services
The motion was dismissed because the petitioner failed to provide new facts or evidence to overcome the previous findings. The petitioner di...
Ability To Pay Proffered Wage Fraud Or Misrepresentation Motion To Reopen/Reconsider Validity Of Labor Certification
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The petitioner's tax returns sh...
Ability To Pay The Proffered Wage
dismissed
EB-3
Special Education
The appeal was dismissed because the Beneficiary's degree in preschool education did not meet the job requirements specified on the labor ce...
Educational Qualifications Foreign Degree Equivalency Labor Certification Requirements Combination Of Education And Experience Source Of Academic Record (University Vs. Ministry)
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The petitioner's 2013 tax return ...
Ability To Pay Proffered Wage
dismissed
EB-3
Martial Arts
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 The Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish that the offered position qualified for the EB-3 professional classifica...
Professional Classification Requirements Minimum Job Requirements Schedule A Occupation Eta Form 9089 Requirements
dismissed
EB-3
Industrial Engineering
The appeal was dismissed because the petitioner failed to respond to a Notice of Intent to Dismiss (NOID). The NOID was issued after a USCIS...
Ability To Pay Beneficiary Qualifications (Education) Beneficiary Qualifications (Experience) Labor Certification Validity Fraud/Misrepresentation
dismissed
EB-3
Construction
The Director denied the petition because the record did not establish the petitioner's ability to pay the proffered wage from the priority d...
Ability To Pay Priority Date Successor-In-Interest
dismissed
EB-3
Engineering
The appeal was dismissed because the petitioner failed to submit the mandatory evidence required by regulation to establish its ability to p...
Ability To Pay Proffered Wage
dismissed
EB-3
Marketing
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any additional evidence to challenge the dir...
Beneficiary'S Qualifications Procedural Requirements For Appeal
dismissed
EB-3
Agricultural Engineering
The appeal was dismissed because the Beneficiary did not possess the required education as specified in the labor certification. The job off...
Professional Classification Baccalaureate Degree Requirement Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Budget Analysis
The appeal was summarily dismissed because the petitioner failed to respond to a notice of intent to dismiss and request for evidence (NOID/...
Ability To Pay Proffered Wage Failure To Respond To Request For Evidence (Rfe)
dismissed
EB-3
Nail Salon
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate the ability to pay the proffered wage. The Dir...
Ability To Pay The Proffered Wage
dismissed
EB-3
Personal Care
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss/Request fo...
Ability To Pay Bona Fide Job Offer Beneficiary Qualifications
dismissed
EB-3
Computer Science
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements stated on the labor certification. The po...
Beneficiary Qualifications Labor Certification Requirements Educational Equivalency
dismissed
EB-3
Software Development
The motion to reconsider a prior dismissal was denied. The AAO determined that the initial appeal was correctly dismissed because the petiti...
Ability To Pay The Proffered Wage
dismissed
EB-3
Culinary Arts
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 The Proffered Wage
remanded
EB-3
Poultry Processing
The appeal was remanded because the Director's decision to revoke the petition did not demonstrate full consideration of the evidence submit...
Bona Fide Job Offer Ability To Pay Proffered Wage
dismissed
EB-3
Farming
The motion was denied, and the prior dismissal upheld, because the petitioner failed to resolve significant inconsistencies in the record re...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay Validity Of Labor Certification Successorship-In-Interest Experience Gained With Petitioning Employer
dismissed
EB-3
Hardwood Flooring
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date onward. The...
Ability To Pay Proffered Wage Totality Of Circumstances
remanded
EB-3
Baking
The AAO found that the Director's Notice of Intent to Revoke (NOIR) was not issued for good and sufficient cause. The evidence of record did...
Beneficiary'S Qualifying Experience Sufficiency Of Notice (Noir) Job Duties Match Labor Certification
dismissed
EB-3
Networking Services
The appeal was dismissed because the beneficiary's credentials did not meet the minimum educational requirements set forth in the certified ...
Labor Certification Requirements Skilled Worker Definition Foreign Degree Equivalency Combination Of Credentials For Degree Equivalence
remanded
EB-3
Software Engineering
The Director denied the petition, finding the beneficiary's foreign master's degree was equivalent only to a U.S. bachelor's degree and that...
Labor Certification Requirements Foreign Degree Equivalency Post-Baccalaureate Experience
dismissed
EB-3
Business Administration
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to the Administrative Appeals Office's Request for ...
Beneficiary Qualifications (Experience)
dismissed
EB-3
Stone Fabrication
The Director revoked the petition for two reasons: an undisclosed familial relationship on the labor certification and a lack of intent to e...
Good And Sufficient Cause For Revocation Familial Relationship Disclosure Fraud Or Willful Misrepresentation Validity Of Labor Certification Intent To Employ
dismissed
EB-3
Information Technology
The appeal was summarily dismissed on procedural grounds. The petitioner failed to provide a statement identifying any erroneous conclusion ...
Beneficiary Qualifications Procedural Requirements For Appeal
remanded
EB-3
Culinary Arts
The appeal was remanded because the Notice of Intent to Revoke (NOIR) was procedurally flawed; it was returned as undeliverable and failed t...
Beneficiary'S Work Experience Labor Certification Requirements Procedural Fairness (Noir) Bona Fide Job Offer Petitioner'S Continued Business Operations
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