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 15 of 20
dismissed
EB-3
Agriculture
The motion was dismissed and the petition remained denied. Although the petitioner successfully demonstrated that the beneficiary possessed ...
Beneficiary'S Experience Beneficiary'S Licensing Beneficiary'S Education Job Requirements On Labor Certification Visa Classification Requirements
remanded
EB-3
Marketing
The appeal was remanded because the AAO determined that the Director erred in finding the petitioner lacked the ability to pay the proffered...
Ability To Pay Beneficiary'S Qualifications Work Experience
remanded
EB-3
Culinary Arts
The appeal was remanded because the Director initially denied the petition based on a marriage fraud bar without the benefit of a recent, co...
Marriage Fraud Bar Skilled Worker Training/Experience Requirement
remanded
EB-3
Retail Management
The appeal was remanded because the Director improperly applied the marriage fraud bar by failing to notify the petitioner of the derogatory...
Marriage Fraud Bar (Ina 204(C)) Beneficiary'S Qualifying Experience Evidence Of Prior Employment Bona Fide Job Offer
dismissed
EB-3
Retail
The motion was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage for the entire required p...
Ability To Pay Proffered Wage
dismissed
EB-3
Property Management
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary's three-year Irish bachelor's degree was equivale...
Educational Requirements Ability To Pay Proffered Wage
dismissed
EB-3
Business Process Management Software
The motion was dismissed because the AAO found no error in its prior decision. It maintained that the beneficiary did not meet the job's edu...
Beneficiary'S Educational Qualifications Foreign Educational Equivalent Bona Fides Of The Job Opportunity Ability To Pay Proffered Wage Skilled Worker Vs. Professional Classification Uscis Authority To Question Dol Labor Certification
dismissed
EB-3
Nursing
The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The de...
Ability To Pay Proffered Wage Beneficiary Educational Qualifications Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-3
Cook
The appeal was dismissed because the petitioner, a limited liability company (LLC), failed to demonstrate a continuing ability to pay the pr...
Ability To Pay Proffered Wage
remanded
EB-3
Culinary
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was found to be procedurally deficient. The AAO determined ...
Beneficiary'S Qualifying Experience Labor Certification Requirements Conflicting Evidence Willful Misrepresentation
dismissed
EB-3
Textile Distribution
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage as of the petition's priority date...
Ability To Pay Proffered Wage
remanded
EB-3
Wholesale Buyer
The Director's denial, based on a finding of willful misrepresentation against the beneficiary, was withdrawn. The AAO determined the petiti...
Willful Misrepresentation Bona Fide Job Offer Beneficiary'S Qualifying Experience Ability To Pay
remanded
EB-3
Nursing
The Director's revocation, based on the speculative premise that the petitioner might pay less than the prevailing wage, was withdrawn becau...
Notice Of Labor Certification Filing Schedule A Occupation Requirements Ability To Pay Proffered Wage
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum requirement of two years of work experience ...
Beneficiary'S Qualifications Petitioner'S Ability To Pay
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the combined proffered wages for all of its sponsor...
Ability To Pay Proffered Wage Bona Fides Of The Job Offer Beneficiary Qualifications
dismissed
EB-3
Maintenance Technician
The motion to reopen and motion to reconsider were dismissed because the petitioner's initial appeal was filed late. The AAO also noted that...
Beneficiary'S Qualifying Work Experience Timely Filing Of Appeal Documentation Of Experience Burden Of Proof
sustained
EB-3
It Consulting
The Director denied the petition, finding the beneficiary's prior experience with the same employer was in a 'substantially comparable' posi...
Meeting Labor Certification Requirements Experience Requirements Educational Requirements Substantially Comparable Position
dismissed
EB-3
Nursing
The appeal was dismissed as moot. After the appeal was filed, the Beneficiary acquired lawful permanent resident status and was later natura...
Mootness
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the minimum two years of required work experience....
Minimum Experience Requirement Willful Misrepresentation Credibility Of Evidence Inconsistencies In The Record
remanded
EB-3
Information Technology
The Director denied the petition, concluding the beneficiary did not meet the minimum educational and experience requirements outlined in th...
Educational Requirements Experience Requirements Foreign Educational Equivalent Alternate Combination Of Education And Experience
dismissed
EB-3
Corporate Training
The Director denied the petition, concluding the petitioner failed to demonstrate the beneficiary possessed the minimum qualifications for t...
Bachelor'S Degree Or Foreign Equivalent Minimum Required Work Experience Labor Certification Requirements Misrepresentation Of Qualifications
dismissed
EB-3
Clinical Chemistry
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirement of a U.S. bachelor's degree or its foreign...
Educational Requirements Experience Requirements Labor Certification Requirements Educational Equivalency Evaluation
dismissed
EB-3
Landscaping
The appeal was dismissed because the offered position of maintenance landscaper, requiring only one year of experience per the labor certifi...
Job Requirements For Skilled Worker Classification Ability To Pay Proffered Wage Beneficiary'S Qualifications Amendment Of Visa Classification
remanded
EB-3
Retail Management
The appeal was remanded because the record was unclear whether the beneficiary's prior experience qualified for a key job duty involving gas...
Beneficiary'S Qualifying Work Experience Consistency Of Evidence Documentation Of Experience
remanded
EB-3
Distribution
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO found that the Director failed to first dete...
Beneficiary'S Standing To Appeal Portability Under Section 204(J) Of The Act Affected Party Status Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay Proffered Wage
dismissed
EB-3
Perfume Distribution
The appeal was dismissed as moot. Records showed that since the appeal was filed, the beneficiary had already obtained lawful permanent resi...
Bona Fide Job Offer Beneficiary'S Requisite Experience
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary had the requisite two years of qualifying experienc...
Beneficiary'S Qualifying Experience Labor Certification Requirements Evidence Of Employment
dismissed
EB-3
Culinary
The motion to reopen was dismissed because the petitioner failed to submit new facts to overcome the prior decision regarding the beneficiar...
Qualifying Work Experience Motion To Reopen Requirements Ability To Pay
dismissed
EB-3
Information Technology
The motions were dismissed because the Beneficiary lacked legal standing to file them. The petition's revocation occurred in 2012, and the B...
Standing To File Appeal/Motion Motion To Reopen Motion To Reconsider Timeliness Of Appeal Beneficiary As An Affected Party
dismissed
EB-3
Retail Management
The motion was dismissed because the petitioner failed to prove that the beneficiary had the required two years of qualifying managerial exp...
Ability To Pay Qualifying Experience
remanded
EB-3
Accounting
The Director's decision was withdrawn because the petitioner successfully demonstrated that the beneficiary gained the required work experie...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay
dismissed
EB-3
Music
The motion to reconsider was dismissed because the petitioner failed to resolve material inconsistencies regarding the beneficiary's qualify...
Minimum Employment Experience Consistency Of Evidence Labor Certification Requirements Ability To Pay Proffered Wage
dismissed
EB-3
Travel
The motions to reopen and reconsider were dismissed because the petitioner failed to provide new facts or evidence to challenge the previous...
Ability To Pay Proffered Wage Fraud Or Willful Misrepresentation Valid Labor Certification Motion To Reopen Motion To Reconsider
remanded
EB-3
Caregiver
The Director initially denied the petition for failure to establish the ability to pay the proffered wage. On appeal, the petitioner submitt...
Ability To Pay Proffered Wage
remanded
EB-3
Home Health
The appeal was remanded because the Director's notice of revocation failed to analyze the significant evidence the petitioner submitted in r...
Improper Payment For Labor Certification Fraud Or Willful Misrepresentation
dismissed
EB-3
Administrative
The appeal was dismissed because the beneficiary failed to prove he possessed the required two years of experience as of the priority date. ...
Beneficiary'S Qualifying Experience Meeting Labor Certification Requirements Consistency Of Evidence
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies in the record regarding the beneficiary's clai...
Beneficiary'S Qualifications Prior Work Experience
dismissed
EB-3
Assisted Living
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
sustained
EB-3
Nursing
The appeal was sustained because the AAO concluded that the Beneficiary meets the specific requirements of the ETA Form 9089. The Beneficiar...
Educational Requirements Examination Requirements Eta Form 9089 Requirements
dismissed
EB-3
Marketing
The motion was dismissed because the Petitioner failed to demonstrate that the Beneficiary met the minimum requirements of the labor certifi...
Educational Requirements Experience Requirements Labor Certification Compliance Submission Of Evidence
dismissed
EB-3
Technical Recruiting
The appeal was dismissed because the beneficiary failed to meet the minimum educational requirements specified in the labor certification. T...
Educational Requirements Skill Requirements
remanded
EB-3
Dentistry
The Director's denial, based on inconsistencies in the petitioner's identifying information (FEIN and start date) on the labor certification...
Validity Of Labor Certification Bona Fide Job Opportunity Ability To Pay Proffered Wage Successor-In-Interest
dismissed
EB-3
Thai Cuisine
The Director invalidated the labor certification due to a suspected familial relationship and the beneficiary's misrepresentation of her emp...
Validity Of Labor Certification Fraud Or Willful Misrepresentation Familial Relationship Bona Fides Of The Job Opportunity Beneficiary'S Qualifications
remanded
EB-3
Culinary Arts
The appeal was remanded because the Director's decision to revoke the petition's approval was procedurally deficient. The Director failed to...
Beneficiary'S Qualifying Work Experience Evidence Of Prior Employment Fraud Or Willful Misrepresentation
remanded
EB-3
Accounting
The Director denied the petition, stating the petitioner failed to establish its ability to pay the proffered wage. The AAO remanded the cas...
Ability To Pay The Proffered Wage
dismissed
EB-3
Retail
The motion was dismissed because the petitioner failed to provide new, credible evidence to overcome the previous findings that the benefici...
Skilled Worker Experience Requirement Misrepresentation Authenticity Of Evidence Labor Certification Requirements
sustained
EB-3
Software Development
The Director initially denied the petition, concluding the petitioner had not established its ability to pay the proffered wage. On appeal, ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Corporate Training
The motions to reopen and reconsider were dismissed. The motion to reconsider failed because it did not assert that the prior decision misap...
Motion To Reopen Standards Motion To Reconsider Standards Beneficiary'S Qualifying Work Experience Credibility Of Evidence
dismissed
EB-3
Facilities Management
The appeal was rejected because it was filed by the Beneficiary, not the Petitioner. Under 8 C.F.R. § 103.3, the beneficiary of a visa petit...
Standing To File Appeal Affected Party Definition
remanded
EB-3
Culinary Arts
The Director revoked the petition, questioning the credibility of the beneficiary's required work experience because it was gained at a busi...
Minimum Employment Experience Credibility Of Evidence Familial Relationship
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to prove it met the labor certification posting requirements, specifically that the n...
Notice Of Filing Ability To Pay Beneficiary Qualifications
remanded
EB-3
Consumer Goods
The Director denied the petition, finding that the Petitioner did not establish its ability to pay the proffered wage. The Petitioner submit...
Ability To Pay Proffered Wage
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the petitioner failed to prove the beneficiary met the required 12 months of qualifying experience. There w...
Beneficiary'S Qualifying Experience
remanded
EB-3
Fashion Design
The Director denied the EB-3 petition, erroneously concluding that a Schedule A, Group II application for exceptional ability could not acco...
Labor Certification Schedule A, Group Ii Exceptional Ability Applicability Of Schedule A To Eb-3 Petitions
remanded
EB-3
Culinary Arts
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was procedurally deficient. The NOIR failed to provide spec...
Labor Certification Validity Familial Relationship Disclosure Notice Of Intent To Revoke (Noir) Sufficiency Good And Sufficient Cause For Revocation Material Misrepresentation
sustained
EB-3
Marketing
The appeal was sustained because the petitioner successfully rebutted the Director's finding of 'improper commerce' regarding the labor cert...
Improper Commerce In Labor Certification Payments Bona Fide Job Opportunity Willful Misrepresentation
dismissed
EB-3
Hospitality
The appeal was dismissed because the petitioner, a resort hotel, failed to demonstrate its ability to pay the combined proffered wages for t...
Ability To Pay Proffered Wage Net Income Net Current Assets Sonegawa Factors
dismissed
EB-3
Administrative Services
The appeal was dismissed because the petitioner failed to resolve material inconsistencies regarding the beneficiary's qualifying work exper...
Beneficiary'S Qualifying Experience
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to resolve material inconsistencies in the evidence regarding the beneficiary's quali...
Beneficiary'S Qualifying Experience
remanded
EB-3
Public Relations
The Director revoked the petition, concluding the petitioner and beneficiary willfully misrepresented the beneficiary's employment history a...
Qualifying Experience Willful Misrepresentation Validity Of Labor Certification Unauthorized Employment
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to disclose a familial relationship between its owner and the beneficiary on the labo...
Bona Fide Job Opportunity Familial Relationship Willful Misrepresentation Labor Certification Requirements
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage for the beneficiary a...
Ability To Pay The Proffered Wage
remanded
EB-3
Print Production
The Director's denial, based on a non-disclosed familial relationship and its impact on the job offer's legitimacy, was withdrawn. The AAO f...
Bona Fide Job Offer Familial Relationship Beneficiary'S Experience Ability To Pay
dismissed
EB-3
Cooking
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the combined proffered wages for the benef...
Ability To Pay The Proffered Wage Beneficiary'S Qualifications Willful Misrepresentation Revocation For Good And Sufficient Cause
dismissed
EB-3
Trucking
The appeal was dismissed because the beneficiary did not meet all the requirements of the labor certification as of the priority date. The D...
Beneficiary Qualifications Licensing Requirements Experience Requirements
dismissed
EB-3
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
dismissed
EB-3
Equestrian
The appeal was dismissed because the petitioner, a horse farm structured as a partnership, failed to demonstrate its ability to pay the prof...
Ability To Pay The Proffered Wage
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to provide the required initial evidence to establish its ability to pay the proffere...
Ability To Pay The Proffered Wage
remanded
EB-3
Nursing
The appeal was remanded because the petitioner submitted new financial evidence for the 2019 calendar year on appeal, which the Director had...
Ability To Pay The Proffered Wage
dismissed
EB-3
Tailoring
The appeal was dismissed because the petitioner failed to provide credible, objective evidence of the beneficiary's required two years of ex...
Beneficiary'S Qualifying Experience Credibility Of Evidence Misrepresentation Of A Material Fact Validity Of Labor Certification
remanded
EB-3
Software Development
The appeal was remanded because the petitioner's ability to pay the proffered wage could not be determined from the submitted unaudited fina...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Social Media
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 The Proffered Wage
remanded
EB-3
Nursing
The director's denial, based on a clerical error on a worksite posting notice, was withdrawn as the petitioner provided clarifying evidence ...
Schedule A Application Compliance Notice Of Filing Requirements Beneficiary'S Educational Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to provide the required, complete labor certification from the U.S. Department of Lab...
Labor Certification Intent To Employ
sustained
EB-3
Church Administration
The Director had revoked the petition, finding the beneficiary lacked the required experience. On a motion to reopen, the petitioner success...
Beneficiary'S Qualifying Experience Labor Certification Requirements Motion To Reopen Standards Priority Date Eligibility
remanded
EB-3
Tailoring
The Director denied the petition, concluding there was no bona fide job opportunity and that the petitioner had willfully misrepresented its...
Bona Fide Job Opportunity Willful Misrepresentation Of A Material Fact
dismissed
EB-3
Agriculture
The motion was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary met the minimum educational requi...
Educational Requirements Experience Requirements Skilled Worker Classification
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
remanded
EB-3
Healthcare
The Director revoked the petition after finding significant, unresolved inconsistencies in the Beneficiary's claimed employment history, whe...
Beneficiary'S Qualifying Experience Labor Certification Requirements Ability To Pay Inconsistencies In Evidence
remanded
EB-3
Healthcare
The appeal was remanded because while the petitioner overcame the initial reason for denial—a minor error on a worksite posting notice—the A...
Schedule A Notice Of Filing Requirements Beneficiary'S Educational Qualifications Petitioner'S Ability To Pay Proffered Wage
remanded
EB-3
Healthcare
The appeal was remanded because the AAO accepted new evidence clarifying a deficient job posting notice, which was the basis for the initial...
Schedule A Labor Certification Notice Of Filing Requirements Beneficiary Educational Qualifications Ability To Pay Proffered Wage
remanded
EB-3
Nursing
The Director denied the petition, concluding the S-corporation petitioner had not established its continuing ability to pay the proffered wa...
Ability To Pay The Proffered Wage
remanded
EB-3
Mechanical Engineering
The appeal was remanded because the Director's initial denial improperly analyzed the petitioner's ability to pay the proffered wage. The Di...
Ability To Pay Proffered Wage
dismissed
EB-3
Travel
The motions to reopen and reconsider were dismissed because the petitioner failed to present new facts or evidence regarding its ability to ...
Ability To Pay Proffered Wage Fraud Or Willful Misrepresentation Validity Of Labor Certification Motion To Reopen Motion To Reconsider
remanded
EB-3
Jewelry
The Director revoked the petition, finding the beneficiary lacked the required 12 months of experience and that there was fraud or willful m...
Beneficiary'S Qualifying Work Experience Sufficiency Of Evidence For Work Experience Fraud Or Willful Misrepresentation Of A Material Fact
dismissed
EB-3
Freight Trucking
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
Auto Repair
The appeal was dismissed because the petitioner failed to resolve inconsistencies in the record regarding the beneficiary's work experience....
Beneficiary'S Qualifications Labor Certification Requirements Bona Fide Job Offer
remanded
EB-3
Business Operations
The appeal was remanded because the AAO found the Director erred in the ability-to-pay analysis, determining the petitioner's net income was...
Ability To Pay Bona Fides Of The Job Opportunity
dismissed
EB-3
Childcare
The motion to reopen was dismissed because the petitioner failed to establish its ability to pay the proffered wage. Even when considering t...
Ability To Pay Proffered Wage
remanded
EB-3
Healthcare
The appeal was remanded because the Director improperly denied the petition based on a minor error on a posting notice without issuing a Req...
Schedule A Labor Certification Application Notice Of Filing Requirements Beneficiary'S Educational Qualifications Ability To Pay Proffered Wage
remanded
EB-3
Landscaping
The Director's decision was withdrawn and the case was remanded. The AAO found the Director erred in denying the petition for lack of a bona...
Bona Fide Job Offer Beneficiary'S Qualifying Experience
dismissed
EB-3
Solar Energy
The Director denied the petition because it was accompanied by an expired labor certification. The AAO rejected the appeal because it lacks ...
Valid Labor Certification Appellate Jurisdiction
remanded
EB-3
Caregiver
The Director denied the petition based on the petitioner's 2018 tax return, which showed an inability to pay the proffered wage. The AAO rem...
Ability To Pay The Proffered Wage
remanded
EB-3
Dentistry
The Director denied the petition, concluding the beneficiary's training was not shown to comply with state requirements. The AAO found that ...
Beneficiary'S Qualifications Minimum Education Requirement Minimum Training Requirement Compliance With State Law
dismissed
EB-3
Furniture Business
The Director denied the petition because it was accompanied by an expired labor certification. The AAO rejected the appeal, concluding that ...
Valid Labor Certification Appellate Jurisdiction
sustained
EB-3
It Services
The Director initially denied the petition, concluding that the offered position did not qualify as a skilled worker based on the terms of t...
Skilled Worker Classification Labor Certification Requirements Beneficiary'S Experience
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The petitioner submitt...
Ability To Pay The Proffered Wage
remanded
EB-3
Dairy Farming
The Director initially denied the petition because the petitioner did not establish its ability to pay the proffered wage. The AAO remanded ...
Ability To Pay Proffered Wage
sustained
EB-3
Nursing
The appeal was sustained because, upon de novo review, the AAO found that the Beneficiary met the specific educational and examination requi...
Educational Requirements Professional Examination (Nclex-Rn) Schedule A Occupation Requirements
dismissed
EB-3
Administrative Services
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 The Proffered Wage
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