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 13 of 20
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the experience requirements outlined in the lab...
Beneficiary Qualifications Labor Certification Requirements Experience Gained With Petitioner Substantially Comparable Position
dismissed
EB-3
Oral Products Manufacturing
The appeal was dismissed because the petitioner failed to establish that a valid job opportunity existed at the time the labor certification...
Validity Of Labor Certification Successor-In-Interest Existence Of A Bona Fide Job Opportunity
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum educational requirements of the cer...
Beneficiary Qualifications Educational Requirements Foreign Degree Equivalency Labor Certification Requirements Ability To Pay
dismissed
EB-3
Kitchen And Bath Sales
The appeal was dismissed because the beneficiary did not possess a U.S. bachelor's degree or its foreign equivalent, a requirement for the E...
Baccalaureate Degree Or Foreign Equivalent Member Of The Professions Uscis Authority Over Labor Certification Terms Skilled Worker Qualification
dismissed
EB-3
Music Education
The appeal was dismissed because the petitioner's offered wage did not meet the required prevailing wage for the position. The petitioner in...
Prevailing Wage Ability To Pay
dismissed
EB-3
Stone Fabrication
The motions to reopen and reconsider were denied because they were filed after the 33-day deadline. The petitioner did not provide a reasona...
Timeliness Of Motion To Reopen Timeliness Of Motion To Reconsider
dismissed
EB-3
Culinary
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Dismiss (NOID). The NOID r...
Bona Fide Job Offer Beneficiary Qualifications Ability To Pay Misrepresentation
dismissed
EB-3
Software Development
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not provide a statement...
Failure To State Grounds For Appeal Ability To Pay Proffered Wage
dismissed
EB-3
Medical Equipment
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage for the year 2012. The petitioner'...
Ability To Pay Proffered Wage
dismissed
EB-3
Software Engineering
The appeal was summarily dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss (NOID). Th...
Beneficiary'S Qualifications As A Professional Beneficiary'S Educational Credentials Beneficiary'S Employment Experience Petitioner As Successor-In-Interest Ability To Pay Proffered Wage Intent To Employ
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 priority date ...
Ability To Pay Proffered Wage
dismissed
EB-3
Computer Software
The motion to reconsider was denied because the petitioner failed to establish that the acquiring company was a valid successor-in-interest....
Successor In Interest Ability To Pay Proffered Wage Same Job Opportunity Automatic Revocation Willful Misrepresentation
dismissed
EB-3
Caregiving
The motions to reopen and reconsider were denied because they were untimely filed more than two years after the appellate decision. The AAO ...
Skilled Worker Classification Timeliness Of Motion Ineffective Assistance Of Counsel Ability To Pay Proffered Wage Successor In Interest
dismissed
EB-3
Food Service
The appeal remained dismissed because the required labor certification was revoked by the Department of Labor (DOL). The DOL determined the ...
Valid Labor Certification Petitioner'S Eligibility To Offer Permanent Employment
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner failed to respond to a Notice of Intent to Dismiss (NOID). The NOID requested evidence of th...
Ability To Pay Proffered Wage Petitioner'S Continued Existence Failure To Respond To Noid
sustained
EB-3
Insurance
The Director initially denied the petition because the petitioner had not demonstrated its ability to pay the proffered wage. On appeal, the...
Ability To Pay
dismissed
EB-3
Architecture
Although the AAO found that the petitioner did establish a bona fide job opportunity, withdrawing the director's initial reason for denial, ...
Bona Fide Job Opportunity Ability To Pay Beneficiary Qualifications
dismissed
EB-3
Retail Shipping
The motion to reopen and reconsider was denied because the petitioner failed to establish a continuing ability to pay the proffered wage for...
Ability To Pay Proffered Wage Bona Fide Job Offer
dismissed
EB-3
Mechanical Engineering
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements specified on the certified labor certific...
Beneficiary'S Educational Qualifications Labor Certification Requirements Combination Of Education And Experience
dismissed
EB-3
Engineering
The motion to reopen was denied because the petitioner failed to provide new facts or documentary evidence. The underlying petition was deni...
Beneficiary'S Qualifications Experience Requirements Of The Labor Certification Bona Fide Job Offer
dismissed
EB-3
Information Technology
The appeal was dismissed as moot. The Director had initially denied the petition based on the petitioner's ability to pay the proffered wage...
Ability To Pay
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the petitioner did not establish that the beneficiary met the labor certification's requirements for a drug...
Beneficiary Qualifications Drug Screening Requirement Physical Assessment Requirement Priority Date
dismissed
EB-3
Retail Management
The appeal was dismissed because the Director properly revoked the petition for good and sufficient cause. The petitioner failed to resolve ...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay The Proffered Wage Misrepresentation On Labor Certification Revocation For Good And Sufficient Cause
dismissed
EB-3
Clothing Alteration
The appeal was dismissed because the petitioner, a sole proprietorship, failed to prove its continuing ability to pay the proffered wage fro...
Ability To Pay The Proffered Wage Beneficiary'S Required Experience
dismissed
EB-3
Travel Services
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date of 2001 thr...
Ability To Pay Proffered Wage Net Income Net Current Assets
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the underlying labor certification did not require a minimum of a baccalaureate degree for the professional...
Professional Classification Requirements Labor Certification Job Requirements Alternate Combination Of Education And Experience Beneficiary'S Educational Qualifications
dismissed
EB-3
Hotel Management
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Failure To Identify Error On Appeal
sustained
EB-3
Information Technology
The appeal was sustained because the AAO determined that the beneficiary's provisional degree certificate, issued before the priority date, ...
Educational Requirements Baccalaureate Degree Priority Date Eligibility Provisional Degree Certificate
dismissed
EB-3
Food Service
The motion to reopen was denied for lacking new facts or evidence. The motion to reconsider was also denied because the petitioner failed to...
Successor In Interest Ability To Pay Valid Labor Certification Motion To Reopen Motion To Reconsider
sustained
EB-3
Business Analytics
The appeal was sustained because the Petitioner provided sufficient evidence to overcome the initial denial and a subsequent Notice of Inten...
Beneficiary'S Qualifying Work Experience Evidence Of Prior Employment Experience Gained With Petitioning Employer Substantially Different Job Duties Ability To Pay Proffered Wage
dismissed
EB-3
Carpentry
The appeal was dismissed because the Director found substantial and probative evidence that the beneficiary had previously entered into a fr...
Marriage Fraud Bar Under Ina § 204(C)
dismissed
EB-3
Retail
The appeal was dismissed because the Director found significant inconsistencies and willful misrepresentation regarding the beneficiary's cl...
Qualifying Experience Willful Misrepresentation Evidentiary Inconsistencies
dismissed
EB-3
Environmental Engineering
The appeal was dismissed because the Director correctly found that the offered position did not qualify for classification as a professional...
Baccalaureate Degree Requirement Professional Classification Requirements Labor Certification Job Requirements Equivalency Of Education And Experience
dismissed
EB-3
Law
The motion to reconsider was denied because it was based on new evidence, which is not permissible for such a motion. The petitioner failed ...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the combined proffered wages for this beneficiary a...
Ability To Pay Proffered Wage Combined Wages For Multiple Petitions Net Income Net Current Assets Audited Financial Statements
remanded
EB-3
Marketing
The AAO withdrew the Director's denial, finding that the Director incorrectly evaluated the beneficiary's foreign degree. The AAO concluded ...
Beneficiary'S Qualifications Educational Requirements Ability To Pay Proffered Wage
dismissed
EB-3
Information Technology
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirement of a U.S. bachelor's degree as stated on t...
Minimum Education Requirement Foreign Educational Equivalent Combination Of Education And Experience Labor Certification Requirements
remanded
EB-3
Information Technology
The Director denied the petition, finding the Beneficiary's provisional certificate was insufficient proof of a degree and that his Master o...
Minimum Educational Requirements Validity Of Provisional Certificate Field Of Study Alternate Combination Of Education And Experience Foreign Educational Equivalent
dismissed
EB-3
Computer Science
The motion was denied because the beneficiary did not possess a U.S. baccalaureate degree or a foreign equivalent, as a combination of lesse...
Possession Of A Baccalaureate Degree Or Foreign Equivalent Job Requirement Of A Baccalaureate Degree In The Labor Certification Equivalency Based On A Combination Of Education And Experience
dismissed
EB-3
Jewelry
The appeal was dismissed because the petitioner failed to establish that a bona fide job offer existed for U.S. workers. The Director revoke...
Bona Fide Job Offer Revocation For Good And Sufficient Cause Alien Influence And Control Over Job Opportunity
remanded
EB-3
Television Production
The appeal was remanded because the AAO found the petitioner did demonstrate its ability to pay the proffered wage, contrary to the Director...
Ability To Pay Beneficiary'S Qualifications Qualifying Experience
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The peti...
Ability To Pay The Proffered Wage
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date of April 30...
Ability To Pay Labor Certification Validity
dismissed
EB-3
Engineering
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The peti...
Ability To Pay Proffered Wage
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The petitioner submitted amende...
Ability To Pay Proffered Wage
dismissed
EB-3
Food Service
The appeal was dismissed as abandoned because the petitioner did not respond to a Notice of Intent to Dismiss (NOID). The NOID was issued af...
Ability To Pay Bona Fide Job Opportunity Familial Relationship Abandonment Material Misrepresentation
dismissed
EB-3
Information Technology
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements as stated on the labor certification. The...
Successor-In-Interest Labor Certification Requirements Educational Requirements Foreign Degree Equivalency
dismissed
EB-3
Poultry Business
The appeal was dismissed because the Beneficiary failed to demonstrate qualification for the offered position as of the petition's priority ...
Beneficiary'S Qualifications At Priority Date Labor Certification Job Requirements Drug Screening Physical Assessment
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The petitioner, a sole...
Ability To Pay Proffered Wage Sole Proprietorship Financial Assessment
remanded
EB-3
Retail Management
The appeal was remanded due to a procedural error by the Director. After a prior remand, the Director issued a Notice of Intent to Deny (NOI...
Labor Certification Validity Willful Misrepresentation Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Bona Fide Job Offer Procedural Requirements For Revocation
dismissed
EB-3
Commercial Cleaning
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the job requirements listed in the labor certif...
Beneficiary Qualifications Labor Certification Requirements Priority Date
dismissed
EB-3
Commercial Cleaning
The appeal was dismissed because the beneficiary did not meet the job requirements stated in the labor certification as of the priority date...
Labor Certification Requirements Beneficiary Qualifications As Of Priority Date Drug Screening Criminal Background Check
dismissed
EB-3
Aerospace
The appeal was dismissed because the Beneficiary did not possess the foreign equivalent of a single U.S. bachelor's degree as required for t...
Foreign Degree Equivalency Educational Requirements Professional Classification
dismissed
EB-3
Poultry Business
The appeal was dismissed because the petitioner failed to prove that the beneficiary met all the requirements of the certified labor certifi...
Beneficiary'S Qualifications Drug Screening Requirement Physical Assessment Requirement Priority Date
dismissed
EB-3
Industrial Engineering
The appeal was dismissed because an investigation revealed the beneficiary's educational credentials, required for the labor certification, ...
Validity Of Labor Certification Beneficiary'S Educational Qualifications Fraud And Willful Misrepresentation Motion To Reopen And Reconsider Response To Notice Of Intent To Dismiss (Noid)
remanded
EB-3
Retail Management
The appeal was remanded because the AAO identified numerous unresolved discrepancies in the record concerning the beneficiary's qualifying w...
Beneficiary'S Qualifying Experience
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the beneficiary did not meet the job requirements specified in the labor certification as of the petition's...
Beneficiary Qualifications Labor Certification Requirements Priority Date
remanded
EB-3
Nursing
The Director denied the petition, concluding the petitioner had not established its ability to pay the proffered wage for this beneficiary a...
Ability To Pay Intent To Employ
dismissed
EB-3
Information Technology
The appeal was dismissed because the Beneficiary did not meet the terms of the labor certification. The Beneficiary's bachelor's degree in a...
Meeting Labor Certification Requirements Educational Requirements Experience Requirements Alternate Combination Of Education And Experience
remanded
EB-3
Nursing
The Director denied the petition, finding the petitioner had not established its ability to pay the proffered wage for this beneficiary and ...
Ability To Pay Proffered Wage
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required 24 months of experience. The...
Qualifying Work Experience Experience Gained With Petitioner (Substantially Comparable Position) Ability To Pay Proffered Wage Eligibility As A Professional
remanded
EB-3
Information Technology
The Director denied the petition because the beneficiary's three-year degree from Bangladesh did not meet the labor certification's requirem...
Labor Certification Requirements Beneficiary'S Qualifications Foreign Degree Equivalency
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date. The peti...
Ability To Pay Proffered Wage Beneficiary'S Work Experience
dismissed
EB-3
Mechanical Engineering
The appeal was dismissed because the Beneficiary's foreign educational credentials, specifically 'Carta de Pasante' certificates, were deter...
Bachelor'S Degree Or Foreign Equivalent
dismissed
EB-3
Information Technology
The motion to reopen and reconsider was denied because the petitioner failed to convincingly establish its ability to pay the proffered wage...
Ability To Pay Proffered Wage Beneficiary'S Experience Requirements Motion To Reopen/Reconsider Requirements
remanded
EB-3
Healthcare
The Director denied the petition, concluding the petitioner had not established its ability to pay the proffered wage for this beneficiary a...
Ability To Pay
remanded
EB-3
Nursing
The Director denied the petition based on the petitioner's inability to pay the proffered wage for this and multiple other beneficiaries. Th...
Ability To Pay The Proffered Wage
dismissed
EB-3
Law
The motions to reopen and reconsider were dismissed because the petitioner failed to establish its continuing ability to pay the proffered w...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to respond to a Notice of Intent to Dismiss and Request for Evidence (NOID/RFE). The ...
Work Experience Recruitment Process Bona Fide Job Offer Ability To Pay Proffered Wage
dismissed
EB-3
Shipping Management
The appeal was dismissed as moot. The Director initially denied the petition for a professional worker because the labor certification did n...
Baccalaureate Degree Requirement Labor Certification Requirements Professional Worker Classification Skilled Worker Classification
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner, a sole proprietorship operating a restaurant, failed to demonstrate a continuing ability to...
Ability To Pay The Proffered Wage
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the Petitioner, who filed the Form I-140, was a different legal entity from the employer who filed the labo...
Successor-In-Interest
dismissed
EB-3
Dry Cleaning
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
sustained
EB-3
Computer Science
The Director initially denied the petition because the Beneficiary's degree from Pakistan was not deemed equivalent to a U.S. baccalaureate ...
Possession Of A U.S. Baccalaureate Or Foreign Equivalent Degree
dismissed
EB-3
Real Estate
The motion to reopen was denied because the petitioner presented no new facts, and the motion to reconsider was denied for failing to establ...
Beneficiary Qualifications Educational Credentials Labor Certification Requirements Ability To Pay
sustained
EB-3
Computer Science
The Director initially denied the petition, finding that the beneficiary's Master of Fine Arts in media art did not meet the labor certifica...
Educational Requirements Of Labor Certification
dismissed
EB-3
Pharmaceuticals
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date onwards. Th...
Ability To Pay The Proffered Wage
remanded
EB-3
Business
The appeal was remanded because the AAO disagreed with the Director's reason for denial, finding that the beneficiary's progressive foreign ...
Educational Equivalency Bona Fide Job Offer Full-Time Employment Need Ability To Pay
sustained
EB-3
Accounting
The appeal was sustained because the petitioner established its continuing ability to pay the proffered wage from the priority date onward. ...
Ability To Pay The Proffered Wage
dismissed
EB-3
It Consulting
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements specified on the labor certification. Alt...
Labor Certification Requirements Beneficiary'S Educational Qualifications Combination Of Education And Experience Foreign Credential Evaluation
dismissed
EB-3
Beauty Services
The appeal was dismissed for two primary reasons. First, the petitioner, a sole proprietorship, failed to demonstrate the ability to pay the...
Ability To Pay Skilled Worker Job Requirements Labor Certification Validity
dismissed
EB-3
Mechanical Engineering
The appeal was dismissed because the petitioner filed for a 'professional' classification, but the underlying labor certification did not st...
Labor Certification Requirements For Professional Classification Beneficiary'S Educational Qualifications (Bachelor'S Degree Or Equivalent) Consideration Of Alternative 'Skilled Worker' Classification
dismissed
EB-3
Software Consulting
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the required 24 months of work experience as stipu...
Beneficiary Qualifications Experience Documentation Evidence Consistency
dismissed
EB-3
Chef
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies in the beneficiary's documented employment his...
Qualifying Work Experience Meeting Labor Certification Requirements Evidentiary Inconsistencies Credibility Of Evidence
dismissed
EB-3
Accounting
The appeal was summarily dismissed because the Petitioner failed to meet procedural requirements. The Petitioner did not provide a statement...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-3
Accounting
The Director revoked the approved petition after discovering the petitioner failed to disclose the familial relationship between the company...
Revocation Of An Approved Petition Willful Misrepresentation Of A Material Fact Bona Fide Job Opportunity Familial Relationship Disclosure On Labor Certification Alien Influence And Control Over Job Opportunity
dismissed
EB-3
Janitorial Services
The motion to reconsider and reopen was denied because the petitioner, which changed from a sole proprietorship to an LLC, failed to establi...
Ability To Pay Successor In Interest Labor Certification Validity Motion To Reopen Motion To Reconsider
dismissed
EB-3
Retail Shipping
The motions to reopen and reconsider were denied, upholding the previous dismissal. The motion to reopen was denied for failing to present n...
Ability To Pay Proffered Wage
remanded
EB-3
Food Service
The Director denied the petition because the worksite location on the Form I-140 was different from the worksite on the supporting labor cer...
Valid Labor Certification Area Of Intended Employment Metropolitan Statistical Area (Msa) Amendment Of Petition After Filing Clerical Error
sustained
EB-3
Telecommunications
The Director denied the petition, concluding the Beneficiary's foreign degree was not in one of the fields required by the labor certificati...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
sustained
EB-3
Information Systems
The appeal was initially dismissed because the beneficiary's foreign engineering degree and U.S. master's degree in information systems mana...
Educational Requirements Of Labor Certification Degree Equivalency
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date on...
Ability To Pay The Proffered Wage
dismissed
EB-3
Adoption Services
The appeal was dismissed because the Director's revocation was upheld. The AAO concluded that the petitioning entity was a for-profit corpor...
Termination Of Business Identity Of Petitioner Labor Certification Validity Bona Fides Of The Job Offer Beneficiary'S Qualifying Experience Ability To Pay Wage Material Misrepresentation
dismissed
EB-3
Electrical Systems Design
The motion to reopen was denied because it lacked documentary evidence and did not comply with the requirements for asserting a claim of ine...
Ability To Pay Beneficiary'S Qualifications Ineffective Assistance Of Counsel Petitioner'S Intent To Employ Successor In Interest
dismissed
EB-3
Sports Management
The appeal was dismissed because the Beneficiary did not possess a bachelor's degree or a foreign equivalent, which is a mandatory requireme...
Bachelor'S Degree Requirement Experience In Lieu Of Degree Labor Certification Requirements Amending Petition From Professional To Skilled Worker Scope Of Dol Vs. Uscis Authority
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed a U.S. bachelor's degree or a foreign equ...
Foreign Equivalent Degree Bachelor'S Degree Requirement Professional Classification Labor Certification Requirements
dismissed
EB-3
Jewelry Business
The appeal was dismissed because the petitioner did not establish that a bona fide job opportunity was available to U.S. workers. The Direct...
Bona Fide Job Offer Familial Relationship Alien Influence And Control Revocation Of An Approved Petition
dismissed
EB-3
Business Technology
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum educational requirements for the offered pos...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency
dismissed
EB-3
Antique Carpet Repair
The appeal was dismissed because the Petitioner failed to prove that the Beneficiary possessed the minimum required training and experience ...
Beneficiary'S Qualifications Proof Of Required Experience
dismissed
EB-3
Management Consulting
The appeal was dismissed because the underlying labor certification did not require a minimum of a bachelor's degree. The petitioner allowed...
Job Requires A Minimum Of A Baccalaureate Degree Labor Certification Requirements Degree Equivalency (Combination Of Education And Experience) Ability To Pay Proffered Wage
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