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 14 of 20
remanded
EB-3
Finance
The Director initially denied the petition, finding the petitioner did not establish its ability to pay the proffered wage. On appeal, the A...
Ability To Pay Beneficiary Qualifications
remanded
EB-3
Stone Fabrication
The motion to reopen was granted because the petitioner submitted new evidence (an affidavit) successfully demonstrating its intent to emplo...
Bona Fide Job Offer Familial Relationship Disclosure Ability To Pay Proffered Wage Motion To Reopen/Reconsider Requirements
dismissed
EB-3
Hospitality Management
The appeal was dismissed because the Director properly revoked the petition's approval due to fraudulent evidence. An investigation revealed...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay Fraud/Willful Misrepresentation
dismissed
EB-3
Information Technology
The appeal was dismissed because the Beneficiary did not qualify for classification as a professional. The law requires a single U.S. baccal...
Baccalaureate Degree Requirement Foreign Degree Equivalency Combination Of Education And Experience
dismissed
EB-3
Nail Technician
The appeal was dismissed because the record did not credibly establish that the beneficiary possessed the required 24 months of experience. ...
Beneficiary'S Qualifying Experience Documentation Of Experience Willful Misrepresentation Credibility Of Evidence
dismissed
EB-3
Banking
The appeal was dismissed because the underlying labor certification (ETA Form 9089) explicitly required a U.S. high school diploma and speci...
Educational Requirements Foreign Educational Equivalency Labor Certification Requirements
dismissed
EB-3
Software Consulting
The appeal was dismissed because the supporting labor certification did not require a minimum of a bachelor's degree for the position, which...
Professional Classification Requirements Labor Certification Job Requirements Bachelor'S Degree Requirement Alternate Experience Equivalency
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to submit a valid Prevailing Wage Determination (PWD) at the time of filing; the PWD ...
Prevailing Wage Determination Posting Notice Requirement Schedule A Occupation
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The financial evidence submitte...
Ability To Pay The Proffered Wage Schedule A Occupation Requirements Ability To Pay For Multiple Beneficiaries
dismissed
EB-3
Healthcare
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 Schedule A Occupation Requirements
dismissed
EB-3
Advertising
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements specified in the labor certification. The...
Labor Certification Requirements Educational Requirements Foreign Degree Equivalency Alternate Combination Of Education And Experience
dismissed
EB-3
Religion
The motion to reopen was denied because the moving party failed to establish it was the petitioner's successor-in-interest and therefore lac...
Motion To Reopen Successor-In-Interest Standing
sustained
EB-3
Medical Equipment Distribution
The appeal was initially dismissed because the petitioner had not established its ability to pay the proffered wage. However, the matter was...
Ability To Pay Proffered Wage Beneficiary Qualifications For Skilled Worker Motion To Reopen
dismissed
EB-3
Tailoring
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of experience as a...
Qualifying Work Experience Documentation Of Experience
dismissed
EB-3
Beauty Supply
The appeal was summarily dismissed because the petitioner failed to identify any specific, erroneous conclusion of law or statement of fact ...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
remanded
EB-3
Insurance
The Director denied the petition, concluding the petitioner had not established its ability to pay the proffered wage for 2016. The AAO foun...
Ability To Pay Labor Certification
dismissed
EB-3
Healthcare
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 Net Income Net Current Assets Totality Of The Circumstances
dismissed
EB-3
Computer Programming
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 The Proffered Wage
dismissed
EB-3
Retail Management
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
dismissed
EB-3
Information Technology
The appeal was dismissed because the labor certification stated the petitioner would accept a 'combination of education and experience that ...
Labor Certification Requirements Baccalaureate Degree Requirement Professional Position Classification Combination Of Education And Experience Equivalency Kellogg Language
dismissed
EB-3
Car Wash Business
The Director revoked the approved petition after discovering the Petitioner failed to disclose a familial relationship (brother-in-law) on t...
Willful Misrepresentation Familial Relationship Disclosure Labor Certification Validity Good And Sufficient Cause For Revocation
dismissed
EB-3
Retail Flooring
The appeal was dismissed because the petitioner failed to establish the beneficiary's qualifying experience for the offered position as requ...
Bona Fide Job Offer Beneficiary'S Qualifying Experience Labor Certification Validity
dismissed
EB-3
Retail
The motion to reopen and reconsider was dismissed. The motion to reconsider failed because the petitioner did not argue that the prior decis...
Ability To Pay Proffered Wage Bona Fide Job Offer Motion To Reopen Motion To Reconsider
remanded
EB-3
Information Technology
The Director denied the petition, finding the beneficiary's three-year foreign bachelor's degree plus a post-graduate diploma did not meet t...
Educational Requirement Foreign Degree Equivalency Field Of Study Experience Requirements Ability To Pay
sustained
EB-3
Marketing
The Director initially denied the petition, concluding the Beneficiary was not a member of the professions and did not possess the required ...
Membership In The Professions Educational Requirements For The Position
dismissed
EB-3
Food Distribution
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The evidence, including a Form ...
Ability To Pay Proffered Wage
remanded
EB-3
Oil And Gas
The AAO found the petitioner successfully demonstrated a bona fide job offer and that the beneficiary met the educational requirements, over...
Bona Fide Job Offer Beneficiary'S Educational Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Accounting
The appeal was dismissed because the beneficiary's three-year bachelor's degree from Ireland was not established as equivalent to a four-yea...
Educational Qualifications Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner abandoned it by failing to respond to a Notice of Intent to Dismiss and Request for Evidence...
Educational Requirements Bachelor'S Degree Or Foreign Equivalent Labor Certification Requirements
dismissed
EB-3
Electrical Contracting
The appeal was dismissed because the petitioner failed to prove that the offered position required a minimum of two years of training or exp...
Minimum Of 2 Years Training Or Experience Labor Certification Requirements Vocational Education As Training
dismissed
EB-3
Finance
The appeal was dismissed because the underlying labor certification did not require a U.S. bachelor's degree or its foreign equivalent for t...
Labor Certification Requirements For Professional Classification Beneficiary'S Educational Qualifications (Bachelor'S Degree Or Equivalent) Beneficiary Meeting Minimum Job Requirements
remanded
EB-3
Food Service
The Director's decision to deny the petition was withdrawn because the beneficiary's omission of prior employment on the labor certification...
Material Misrepresentation On Labor Certification Prohibition Of Payment For Labor Certification Validity Of Labor Certification
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the minimum required experience for the position. ...
Beneficiary'S Possession Of Required Experience Documentation Of Past Employment Credibility Of Evidence
dismissed
EB-3
Finance
The appeal was dismissed because the petitioner willfully misrepresented a material fact on the labor certification application by failing t...
Bona Fide Job Offer Familial Relationship Disclosure Willful Misrepresentation Labor Certification Validity
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner acknowledged that a valid, permanent job offer for the beneficiary no longer existed. The AA...
Valid Job Offer Schedule A Requirements Actual Minimum Job Requirements Ability To Pay Proffered Wage
sustained
EB-3
Culinary
The Director revoked the initial approval, finding the petitioner did not establish its ability to pay the proffered wage or its compliance ...
Ability To Pay Recruitment Compliance
dismissed
EB-3
Retail Management
The appeal was dismissed because the AAO concluded that the petitioner failed to demonstrate a bona fide job opportunity was available to U....
Bona Fide Job Offer Valid Labor Certification Willful Misrepresentation Familial Relationship
sustained
EB-3
Stonework
The appeal was sustained because the petitioner successfully demonstrated its continuing ability to pay the proffered wage from the priority...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Plumbing And Ventilation Products
The appeal was dismissed because the petitioner failed to prove the beneficiary met the job requirements listed on the labor certification b...
Criminal Background Check Priority Date Requirements Qualifying Experience With Same Employer Substantially Different Position
sustained
EB-3
Residential Care
The Director initially denied the petition for failing to demonstrate the ability to pay the proffered wage for the year 2014. The appeal wa...
Ability To Pay The Proffered Wage Totality Of The Circumstances
sustained
EB-3
Computer Science
The appeal was sustained because although the petitioner failed to demonstrate sufficient net income or net current assets for 2014, the AAO...
Ability To Pay The Proffered Wage
remanded
EB-3
Pastry Chef
The case was remanded for procedural reasons, primarily because the petitioner claimed it never received the Notice of Intent to Revoke (NOI...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay The Proffered Wage Credibility Of Evidence
dismissed
EB-3
Manufacturing
The motions to reopen and reconsider were denied, upholding the previous dismissal. The petitioner failed to overcome the marriage fraud bar...
Marriage Fraud Bar Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Motion To Reopen Motion To Reconsider
dismissed
EB-3
Retail Shipping
The motion to reconsider was denied because the petitioner failed to establish its continuing ability to pay the beneficiary's proffered wag...
Ability To Pay The Proffered Wage Bona Fide Job Offer
remanded
EB-3
Retail
The Director denied the petition, concluding that the accompanying labor certification was invalid because it was untimely filed. The AAO fo...
Labor Certification Validity Timely Filing Ability To Pay Beneficiary Qualifications
dismissed
EB-3
Farm Management
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date. The eviden...
Ability To Pay The Proffered Wage
dismissed
EB-3
Information Systems
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements of the labor certification. The certifica...
Educational Requirements Labor Certification Requirements Field Of Study Alternate Field Of Study
remanded
EB-3
Childcare
The Director's decision to revoke was withdrawn because it did not fully address the evidence submitted by the Petitioner in response to the...
Beneficiary'S Qualifying Experience Job Requirements (Driver'S License) Labor Certification Validity Fraud Or Willful Misrepresentation
dismissed
EB-3
Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum job requirements by the petition's ...
Educational Requirements Language Fluency Priority Date Qualifications
dismissed
EB-3
Electrical Installation
The motion to reopen was denied because the petitioner failed to demonstrate that the offered position for a low voltage system installer me...
Minimum Of Two Years Of Training Or Experience
dismissed
EB-3
Parking Business
The appeal was dismissed because the director properly revoked the petition's approval due to substantial and probative evidence of prior ma...
Ina 204(C) Marriage Fraud Bar Bona Fide Marriage Good And Sufficient Cause For Revocation Substantial And Probative Evidence
sustained
EB-3
Health Care
The appeal was sustained because the AAO withdrew the Director's finding of fraud or willful misrepresentation. The Petitioner successfully ...
Revocation Of Petition Approval Fraud Or Willful Misrepresentation Job Offer Validity Schedule A Occupation Requirements
dismissed
EB-3
Finance
The appeal was dismissed because the AAO determined that a bona fide job opportunity was not available to U.S. workers, primarily due to the...
Bona Fide Job Offer Beneficiary'S Qualifications Material Misrepresentation Familial Relationship
dismissed
EB-3
Computer Consulting
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The AAO found that the...
Ability To Pay The Proffered Wage
remanded
EB-3
Business Advisory
The Director denied the petition because the beneficiary's three-year degree and diploma were not considered the 'foreign educational equiva...
Job Requirements On Labor Certification Beneficiary'S Educational Qualifications Interpretation Of 'Foreign Educational Equivalent' Skilled Worker Classification Requirements
dismissed
EB-3
Electrical Engineering
The appeal was dismissed because the labor certification did not strictly require a U.S. bachelor's degree or its foreign equivalent for the...
Bachelor'S Degree Requirement Foreign Degree Equivalency Labor Certification Job Requirements
sustained
EB-3
Information Technology
The appeal was sustained because the AAO determined that the Beneficiary met the terms of the labor certification. The Director had denied t...
Educational Requirements Labor Certification Requirements Combination Of Education And Experience
dismissed
EB-3
Culinary
The appeal was dismissed because the Director found the Beneficiary willfully misrepresented his employment experience, which was a material...
Required Work Experience Material Misrepresentation
dismissed
EB-3
Religious Administration
The appeal was dismissed because of significant doubts about the beneficiary's claimed qualifying experience. The beneficiary's statements o...
Beneficiary'S Possession Of Minimum Required Experience Authenticity Of Evidence Resolution Of Inconsistencies In The Record
sustained
EB-3
Culinary
The appeal was sustained because the AAO considered the totality of the petitioner's financial circumstances, beyond just net income and net...
Ability To Pay
dismissed
EB-3
Software Consulting
The motion was denied because the job did not qualify for the requested 'professional' classification, as it allowed for experience in lieu ...
Classification As A Professional Beneficiary'S Work Experience Petitioner'S Ability To Pay Proffered Wage Beneficiary'S Specific Skills
dismissed
EB-3
Business Consulting
The motion to reconsider was denied because it did not show that the previous decision was based on an incorrect application of law or polic...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Beauty Services
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the required two years of experience as a salon ma...
Beneficiary'S Qualifying Work Experience
sustained
EB-3
Accounting
The appeal was sustained because the AAO found that the Director misinterpreted the labor certification's educational requirements. The cert...
Educational Requirements Labor Certification Compliance
remanded
EB-3
Accounting
The appeal was remanded due to a procedural error. The Director sent the Notice of Intent to Revoke (NOIR) to the Petitioner's old address, ...
Beneficiary'S Qualifications Bona Fide Job Offer Notice Of Intent To Revoke (Noir)
dismissed
EB-3
Education
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possesses the required U.S. bachelor's degree or ...
U.S. Baccalaureate Degree Or Foreign Equivalent Credentials Evaluation Sufficiency Labor Certification Requirements
sustained
EB-3
Education
The Director denied the petition, concluding the job offer did not strictly require a bachelor's degree but would accept an equivalent combi...
Minimum Educational Requirements Labor Certification Job Requirements
remanded
EB-3
Nursing
The petitioner initially filed for a skilled worker but the supporting labor certification did not require the necessary two years of experi...
Skilled Worker Vs. Unskilled Worker Classification Clerical Error On Form I-140 Labor Certification Requirements Actual Minimum Requirements
remanded
EB-3
E-Commerce
The Director denied the petition, concluding the labor certification was invalid because it was previously used for the beneficiary's adjust...
Labor Certification Validity
sustained
EB-3
Computer Science
The appeal was sustained because the AAO found the beneficiary's foreign master's degree was equivalent to a U.S. bachelor's degree, meeting...
Educational Requirements (Foreign Degree Equivalency) Experience Requirements (Post-Baccalaureate)
dismissed
EB-3
Accounting
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements specified on the labor certification. The...
Labor Certification Requirements Beneficiary'S Qualifications Foreign Degree Equivalency Field Of Study
dismissed
EB-3
Religion
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. It did not provide the mandatory ...
Ability To Pay Intent To Employ
sustained
EB-3
Music
The Director denied the petition on two grounds: the petitioner's ability to pay the proffered wage and whether the position was full-time. ...
Ability To Pay Proffered Wage Full-Time Employment
remanded
EB-3
Culinary
The appeal was remanded because the Director's revocation was procedurally flawed. The AAO found that the Notice of Intent to Revoke (NOIR) ...
Bona Fide Job Offer Beneficiary'S Qualifications Labor Certification Validity Fraud Or Willful Misrepresentation Procedural Requirements For Revocation
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to prove the beneficiary met the labor certification's requirement of 24 months of qu...
Qualifying Work Experience Labor Certification Requirements
dismissed
EB-3
Nursing
The appeal was dismissed because the case was rendered moot. The Beneficiary had already adjusted status to a lawful permanent resident and ...
Prevailing Wage Determination Schedule A Eligibility Mootness
dismissed
EB-3
Physical Therapy
The appeal was dismissed because the petitioner's posted notice of its application for permanent employment certification was found to be in...
Perm Notice Posting Requirements Schedule A Occupation Requirements
remanded
EB-3
Accounting
The Director's decision to revoke the petition was withdrawn because the AAO found that the petitioner and beneficiary did not willfully mis...
Bona Fide Job Offer Willful Misrepresentation Of A Material Fact Labor Certification Validity Beneficiary'S Experience
sustained
EB-3
Software Engineering
The appeal was sustained because the petitioner successfully resolved an ambiguity on the face of the labor certification regarding alternat...
Labor Certification Requirements Minimum Experience Requirements Alternative Education/Experience Requirements
remanded
EB-3
Korean Cuisine
The AAO found that the Director's initial reason for revoking the petition, an inability to verify the beneficiary's past employment, was in...
Beneficiary'S Qualifying Experience Labor Certification Validity Willful Misrepresentation Of A Material Fact
remanded
EB-3
Graphic Design
The Director's decision to revoke a previously approved petition was withdrawn and the case was remanded for further review. The revocation ...
Ability To Pay Successor-In-Interest Valid Labor Certification
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to resolve a significant discrepancy between the beneficiary's claimed work experienc...
Beneficiary'S Qualifying Experience Labor Certification Requirements Material Misrepresentation
dismissed
EB-3
Electrical Services
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum two years of full-time work exper...
Beneficiary'S Qualifications Minimum Experience Requirement Full-Time Employment Experience Gained While Studying
dismissed
EB-3
Retail Distribution And Sales
The appeal was dismissed because the beneficiary failed to meet the minimum requirements specified in the labor certification. The AAO deter...
Educational Requirements Work Experience Requirements
remanded
EB-3
Service Station Management
The appeal was remanded because the Director's denial was procedurally deficient, failing to clearly state the specific reasons for denial. ...
Beneficiary'S Qualifications Willful Misrepresentation Validity Of Labor Certification Petitioner'S Ability To Pay Proffered Wage
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's qualifying work ex...
Beneficiary'S Qualifying Experience Bona Fide Job Offer Ability To Pay Proffered Wage Inconsistencies In The Record
remanded
EB-3
Culinary Arts
The Director revoked the petition's approval because an undisclosed familial relationship between the petitioner's owner and the beneficiary...
Bona Fide Job Opportunity Familial Relationship Labor Certification Disclosure Fraud Or Willful Misrepresentation Recruitment Efforts
dismissed
EB-3
Operations Research
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the petition's p...
Ability To Pay Proffered Wage Validity Of Labor Certification
remanded
EB-3
Media Services
The appeal was remanded because the Director revoked the petition's approval without discussing the evidence submitted by the Petitioner in ...
Bona Fides Of The Job Offer Petitioner'S Business Legitimacy Revocation For Good And Sufficient Cause Ability To Pay
dismissed
EB-3
Childcare
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 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 priority date ...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Accounting
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary had the requisite experience to meet the specific t...
Beneficiary'S Qualifications Bona Fide Job Offer Labor Certification Requirements
dismissed
EB-3
Systems Accounting
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 The Proffered Wage Net Income Net Current Assets Totality Of The Circumstances Ability To Pay Multiple Beneficiaries
dismissed
EB-3
Software Engineering
The appeal was dismissed because the case became moot. The beneficiary had become a naturalized U.S. citizen before the decision, rendering ...
Beneficiary Qualifications Mootness
dismissed
EB-3
Semiconductor Engineering
The appeal was dismissed because the Petitioner failed to establish it was a valid successor-in-interest to the company that filed the labor...
Successor-In-Interest Valid Labor Certification Transfer Of Ownership Documentation
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the job requirements specified on the labor c...
Beneficiary'S Qualifications Specific Skills Requirement (Software Expertise) Educational Requirements (Degree Field)
dismissed
EB-3
Antique Rug Restoration
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's claimed work exper...
Minimum Required Experience Documentation Of Experience Credibility Of Evidence Minimum Education Requirement
dismissed
EB-3
Tailoring
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of work experience...
Labor Certification Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay
dismissed
EB-3
Travel Services
The motions to reopen and reconsider were dismissed because the petitioner failed to meet the required standards. The petitioner presented n...
Fraud Or Willful Misrepresentation Ability To Pay Proffered Wage Validity Of Labor Certification Motion To Reopen Motion To Reconsider
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage for the year of the petition's p...
Ability To Pay The Proffered Wage
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