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 16 of 20
remanded
EB-3
Food Services
The Director revoked a previously approved petition, finding the job offer was not bona fide and that the petitioner willfully misrepresente...
Bona Fide Job Offer Willful Misrepresentation Revocation For Good And Sufficient Cause
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a staffing agency, failed to provide proper notice of the labor certification filing. The r...
Notice Of Filing Bona Fide Job Opportunity Schedule A Occupation Requirements
remanded
EB-3
Tailoring
The Director revoked the petition after not receiving a response to a Notice of Intent to Revoke (NOIR) which questioned the beneficiary's w...
Beneficiary'S Required Experience Petitioner'S Ability To Pay
remanded
EB-3
Nursing
The Director denied the petition, concluding that inconsistencies in the work location listed on various documents meant a bona fide permane...
Bona Fide Job Offer Permanent Job Offer Worksite Location Consistency Schedule A Notice Of Filing
dismissed
EB-3
Solar Energy
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies in the record regarding the beneficiary's clai...
Beneficiary'S Required Experience
remanded
EB-3
Software Engineering
The appeal was remanded because the Director incorrectly concluded that the Petitioner failed to establish a successor-in-interest relations...
Successor-In-Interest
remanded
EB-3
Restaurant
The Director revoked the petition on the incorrect basis that the petitioner failed to explain the unavailability of primary financial evide...
Ability To Pay 100-Employee Rule
sustained
EB-3
Healthcare
The Director denied the petition, concluding the notice of filing was posted more than 180 days before the application was filed. The AAO su...
Schedule A Occupation Notice Of Filing Posting Timeframe Requirements
remanded
EB-3
Wholesale Costume Jewelry
The Director revoked the petition, finding the petitioner willfully misrepresented a material fact by not disclosing a familial relationship...
Willful Misrepresentation Of A Material Fact Familial Relationship Disclosure Labor Certification Accuracy
remanded
EB-3
Food Service
The Director initially denied the petition for failing to establish a bona fide job offer. The AAO remanded the case because the Director ma...
Bona Fide Job Offer Permanent Full-Time Employment Motion To Reconsider Motion To Reopen
remanded
EB-3
Food Service
The Director initially denied the petition for failing to establish a bona fide job offer. The AAO remanded the case because the Director im...
Bona Fide Job Offer Motion To Reconsider Motion To Reopen
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage for the beneficiary and all other ...
Ability To Pay Proffered Wage
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage for the beneficiary as well as the...
Ability To Pay The Proffered Wage
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage for the beneficiary as well as for...
Ability To Pay The Proffered Wage
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the combined proffered wages for the instant benefi...
Ability To Pay The Proffered Wage Evidence For Employers With 100+ Workers Ability To Pay For Multiple Beneficiaries
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the Petitioner failed to establish its ability to pay the proffered wage for the beneficiary as well as for...
Ability To Pay The Proffered Wage
dismissed
EB-3
Janitorial And Cleaning Services
The appeal was dismissed as moot. While the initial denial was based on the petitioner's failure to establish its ability to pay the proffer...
Ability To Pay Proffered Wage Mootness
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage for the beneficiary and the benefi...
Ability To Pay The Proffered Wage Evidence For Employers With 100 Or More Workers Ability To Pay Combined Wages For Multiple Petitions
dismissed
EB-3
Nursing
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
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage for the beneficiary and all other ...
Ability To Pay The Proffered Wage Evidence For Ability To Pay (Tax Returns, Annual Reports, Audited Statements) Ability To Pay For Multiple Beneficiaries
dismissed
EB-3
Medicine
The appeal was dismissed because the petitioner, a staffing agency, failed to establish it had provided proper notice of the labor certifica...
Notice Of Filing Bona Fide Job Opportunity Schedule A Occupation Prevailing Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner's motion to reopen and reconsider failed to address the Director's finding that the benefici...
Beneficiary'S Qualifications Willful Misrepresentation Familial Relationship Disclosure Bona Fide Job Opportunity Motion To Reopen/Reconsider
dismissed
EB-3
Industrial Engineering
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onwards. ...
Ability To Pay Proffered Wage Bona Fide Job Offer
dismissed
EB-3
Machinist
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum requirement of two years of experience as a ...
Beneficiary'S Qualifications Minimum Two Years Experience Authenticity Of Evidence Labor Certification Requirements
remanded
EB-3
Retail
The appeal was remanded because the AAO disagreed with the Director's reasons for denial, which were based on the job opportunity and job of...
Bona Fide Job Opportunity Bona Fide Job Offer Ability To Pay Proffered Wage
dismissed
EB-3
Jewelry
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the U.S. bachelor's degree or foreign equ...
Professional Classification Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
remanded
EB-3
Culinary
The AAO found that the Director likely erred in concluding the Beneficiary had willfully misrepresented her prior employment, as the visa ap...
Minimum Required Experience Proof Of Prior Employment Willful Misrepresentation Inconsistencies In Evidence
dismissed
EB-3
Food Delivery Service
The appeal was dismissed because the petitioner failed to demonstrate a bona fide job offer. The AAO found the petitioner's evidence, such a...
Bona Fide Job Offer Ability To Pay Proffered Wage
remanded
EB-3
Physical Therapy
The appeal was remanded because the Director's revocation was based on legally flawed reasoning. The AAO found there is no legal authority t...
Bona Fides Of The Job Opportunity Schedule A Occupation Job Open To U.S. Workers Notice Of Filing
remanded
EB-3
Information Technology
The Director denied the petition, concluding the petitioner failed to establish a bona fide job offer or the ability to pay the proffered wa...
Bona Fide Job Offer Ability To Pay
dismissed
EB-3
Retail Management
The motion was dismissed because the petitioner failed to prove the beneficiary possessed the required two years of qualifying experience by...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay Evidence Credibility
remanded
EB-3
Culinary Arts
The Director revoked the petition based on the incorrect premise that a USCIS site visit determined the Beneficiary had never worked for her...
Qualifying Work Experience Labor Certification Requirements
remanded
EB-3
Market Research
The appeal was remanded because the AAO found the Director's decision was fundamentally flawed. The Director had denied the petition based o...
Bona Fide Job Offer Willful Misrepresentation Of Material Fact Familial Relationship
dismissed
EB-3
Retail Shipping Services
The motion to reopen and reconsider was dismissed because the petitioner, a sole proprietor, failed to establish a continuing ability to pay...
Ability To Pay The Proffered Wage
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to prove the beneficiary had the required 24 months of qualifying work experience. Th...
Beneficiary'S Qualifying Experience Bona Fide Job Offer Willful Misrepresentation Of Material Fact
dismissed
EB-3
Religion
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum two-year experience requirement by the prior...
Beneficiary'S Qualifying Work Experience Ability To Pay Proffered Wage Bona Fide Job Offer Fraud Or Willful Misrepresentation
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary's three-year foreign degree was equivalent to the U...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Restaurant Operations
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage for 2018, the petition's priorit...
Ability To Pay The Proffered Wage
dismissed
EB-3
Tailoring
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's claimed work exper...
Beneficiary'S Qualifying Experience Willful Misrepresentation Of A Material Fact Sufficiency Of Evidence
dismissed
EB-3
Auto Repair
The appeal was dismissed because the Director properly revoked the petition's approval for good and sufficient cause. Significant inconsiste...
Beneficiary'S Qualifying Experience Credibility Of Evidence Resolving Inconsistencies In The Record
remanded
EB-3
Poultry Processing
The Director denied the petition because the petitioner failed to provide a complete list of other beneficiaries, which was needed to assess...
Ability To Pay Proffered Wage
remanded
EB-3
Martial Arts
The director's initial denial, based on the beneficiary's lack of work authorization and field of study, was found to be improper as this ev...
Beneficiary Qualifications Work Authorization Bona Fides Of The Job Offer Full-Time Employment
remanded
EB-3
Restaurant
The Director's denial, based on improperly certified translations of the beneficiary's educational documents, was withdrawn after the petiti...
Translation Of Foreign Documents Beneficiary'S Educational Qualifications Petitioner'S Ability To Pay Proffered Wage
remanded
EB-3
Food Service
The Director denied the petition because the English translations of the beneficiary's foreign educational documents were not properly certi...
Educational Requirements Certified Translation Of Documents
remanded
EB-3
Tennis Coaching
The Director denied the petition, concluding the beneficiary's part-time experience was insufficient by crediting it at half the value of fu...
Minimum Experience Requirement Calculation Of Part-Time Experience Beneficiary'S Qualifications
dismissed
EB-3
Electronics Repair
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of work experience...
Beneficiary'S Qualifying Experience Willful Misrepresentation Credibility Of Evidence Labor Certification Validity
remanded
EB-3
Food Service
The Director initially denied the petition because the English translations of the beneficiary's foreign educational documents were not prop...
Translation Certification Educational Requirements
dismissed
EB-3
Construction Management
The appeal was rejected because it was untimely. The petitioner filed the appeal 71 days after the Director's decision, which exceeded the 6...
Timeliness Of Appeal Motion To Reopen Or Reconsider
remanded
EB-3
Household Cook
The appeal was remanded for the Director to reconsider the finding of fraud or willful misrepresentation. Although the petitioner did not co...
Validity Of Labor Certification Beneficiary'S Experience Requirement Beneficiary'S Identity Bona Fide Job Opportunity Fraud Or Willful Misrepresentation
dismissed
EB-3
Information Technology
The appeal was dismissed because the Beneficiary did not meet the minimum requirements of the labor certification. The certification explici...
Educational Requirements Experience Requirements Beneficiary'S Qualifications Labor Certification Interpretation
dismissed
EB-3
Childcare
The appeal was dismissed because the petitioner, a steel piping products business, failed to establish that the job offer for a childcare wo...
Bona Fide Job Opportunity Ability To Pay Beneficiary Qualifications
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of qualifying expe...
Minimum Experience Requirement Labor Certification Requirements Beneficiary'S Qualifications Evidence Credibility
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the minimum required work experience as stated on ...
Beneficiary'S Qualifications Required Work Experience Labor Certification Requirements Inconsistencies In Evidence
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The petitioner's financial docu...
Ability To Pay Proffered Wage
remanded
EB-3
Skincare Products
The AAO withdrew the Director's revocation decision, which was based on willful misrepresentation of the worksite, finding the allegation un...
Willful Misrepresentation Validity Of Labor Certification Change In Worksite Location Intent To Employ
remanded
EB-3
Nail Technician
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO found that the Director failed to determine ...
Job Experience Requirement Beneficiary Standing In Revocation Proceedings Portability Under Ina Section 204(J) Affected Party Status Willful Misrepresentation
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner, an IT consulting business, failed to establish a bona fide intent to employ the beneficiary...
Bona Fide Job Offer Intent To Employ
remanded
EB-3
Retail
The Director's revocation was withdrawn because identifying a beneficiary before recruitment is a normal part of the labor certification pro...
Bona Fide Job Offer Ability To Pay
dismissed
EB-3
Freight Trucking
The appeal was dismissed because the petitioner failed to establish a bona fide job offer, as it did not own trucks or have a suitable works...
Bona Fide Job Offer Willful Misrepresentation Of A Material Fact
dismissed
EB-3
Finance
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met all minimum job requirements as stated on the...
Beneficiary'S Qualifications Job Requirements From Labor Certification Technological Skills (Excel, Databases) Required Licenses (Finra) Priority Date
dismissed
EB-3
Nursing
The motion was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date ...
Ability To Pay Proffered Wage Beneficiary'S Educational Qualifications Timeliness Of Motion
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum educational requirement listed on t...
Educational Requirements Foreign Credential Equivalency Eta Form 9089 Requirements
remanded
EB-3
Business Solutions
The appeal was remanded because the Director revoked the petition based on alleged marriage fraud but failed to apply the correct legal stan...
Marriage Fraud Bar (Section 204(C)) Ability To Pay Proffered Wage
remanded
EB-3
Web Development
The appeal was remanded due to a significant procedural error. After the petition was approved, the Director improperly issued a Notice of I...
Bona Fide Job Offer Revocation Procedure Successor-In-Interest
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wages for the instant benefi...
Ability To Pay The Proffered Wage Ability To Pay Combined Wages For Multiple Beneficiaries
dismissed
EB-3
Agriculture
The motion was dismissed because the petitioner failed to establish the beneficiary's educational qualifications for the position, as the ev...
Motion To Reopen Standards Beneficiary'S Educational Qualifications Skilled Worker Classification Requirements Labor Certification Job Requirements
dismissed
EB-3
Nursing
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
dismissed
EB-3
Education
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
remanded
EB-3
Computer Science
The Director revoked the previously approved petition, concluding the petitioner had not provided sufficient evidence of its ability to pay ...
Ability To Pay Beneficiary Standing
dismissed
EB-3
Thoroughbred Racing
The appeal was rejected because the Beneficiary, who filed the appeal, was not an 'affected party' and therefore lacked legal standing. A be...
Standing To Appeal / Affected Party Portability Under Ina Section 204(J) Willful Misrepresentation Beneficiary'S Qualifying Experience Bona Fide Job Opportunity
remanded
EB-3
Dental Technology
The Director revoked a previously approved petition, citing an undisclosed relationship between the petitioner's owner and the beneficiary, ...
Misrepresentation Bona Fide Job Offer Relationship Between Petitioner And Beneficiary Ability To Pay
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary's three-year foreign bachelor's degree was equiva...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Labor Certification Requirements
remanded
EB-3
Real Estate
The appeal was remanded because the AAO found the Director's basis for revocation was flawed. The Director incorrectly concluded the petitio...
Misrepresentation Of Material Facts Familial Relationship Bona Fide Job Offer Revocation For Good And Sufficient Cause
remanded
EB-3
Health And Safety Engineering
The Director intended to revoke the previously approved petition after an investigation suggested the beneficiary was not actually performin...
Professional Classification Requirement For A Baccalaureate Degree Beneficiary'S Educational Qualifications Bona Fides Of The Job Offer Actual Job Duties Performed
dismissed
EB-3
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum 24 months of experience requi...
Beneficiary'S Qualifications Minimum Experience Requirement Labor Certification Validity Material Misrepresentation
dismissed
EB-3
Education
The appeal was dismissed because the petitioner's former HR director pled guilty to a criminal conspiracy for falsifying immigration documen...
Revocation For Good And Sufficient Cause Bona Fide Job Offer Labor Certification Integrity Fraud/Misrepresentation
remanded
EB-3
Business Management
The Director's decision was withdrawn and the case was remanded because of a procedural error. The Director made a finding of misrepresentat...
Beneficiary'S Qualifying Experience Labor Certification Requirements Willful Misrepresentation Familial Relationship Procedural Error
remanded
EB-3
Cleaning
The appeal was remanded because while the petitioner overcame the initial grounds for denial regarding the beneficiary's qualifications (a v...
Beneficiary Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Education
The appeal was dismissed because the petition's underlying labor certification was found to be fraudulent. The petitioner's former executive...
Bona Fide Job Offer Validity Of Labor Certification Revocation For Good And Sufficient Cause Fraudulent Recruitment
remanded
EB-3
Food Service
The Director denied the petition, concluding the petitioner submitted an incomplete list of its other I-140 petitions and therefore failed t...
Ability To Pay The Proffered Wage Ability To Pay Combined Wages For Multiple Petitions
dismissed
EB-3
Furniture Finishing
The appeal was rejected because it was improperly filed by the beneficiary, who is not considered an 'affected party' with legal standing to...
Standing To Appeal Affected Party Status
dismissed
EB-3
Culinary Arts
The motion to reconsider was dismissed because the petitioner did not establish that the prior decision was based on an incorrect applicatio...
Beneficiary'S Qualifying Experience Willful Misrepresentation Of A Material Fact
remanded
EB-3
Culinary Arts
The appeal was remanded because the Director's decision to revoke the petition was based solely on an embassy interview report, without cons...
Beneficiary'S Qualifying Experience Beneficiary'S Educational Requirements
remanded
EB-3
Food Service
The appeal was remanded because while the AAO disagreed with the Director's original reason for denial regarding the full-time nature of the...
Permanent Full-Time Job Offer Intent To Employ Ability To Pay Proffered Wage
remanded
EB-3
Hospitality
The appeal was remanded. The AAO withdrew the Director's denial, finding the petitioner did demonstrate the beneficiary's ability to obtain ...
Ability To Obtain Required Certification Qualifying Experience
dismissed
EB-3
Administrative Services
The motion to reconsider was dismissed because the Petitioner failed to establish that the Beneficiary met the labor certification's require...
Meeting Labor Certification Requirements Evidence Of Qualifying Experience Credibility Of Evidence
dismissed
EB-3
Computer Science
The Director revoked the petition after finding evidence from Pakistan's Higher Education Commission (HEC) that the institute which issued t...
Educational Requirements Professional Qualifications Foreign Degree Equivalency Validity Of Educational Credentials
dismissed
EB-3
Stonemasonry
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the minimum required two years of work ...
Qualifying Work Experience Evidence Of Experience Self-Employment Documentation Credibility Of Evidence Inconsistencies In The Record
dismissed
EB-3
Bakery
The appeal was dismissed because the Beneficiary failed to resolve inconsistencies in her claimed qualifying work experience. She provided c...
Beneficiary'S Qualifications Proof Of Required Work Experience Resolving Inconsistencies In Evidence
remanded
EB-3
Agriculture
The Director's decision was withdrawn because the AAO found the Director erred in determining the labor certification was improperly sold an...
Validity Of Labor Certification Ability To Pay Misrepresentation
dismissed
EB-3
Manufacturing
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the combined proffered wages for the beneficiary an...
Beneficiary'S Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Service Station
The appeal was dismissed because the petitioner failed to establish by a preponderance of the evidence that the beneficiary met the minimum ...
Qualifying Work Experience Meeting Labor Certification Requirements Willful Misrepresentation
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to establish that it had a bona fide, full-time, permanent job opportunity for the be...
Bona Fide Job Offer Full-Time Employment Permanent Position Consistency With Labor Certification
remanded
EB-3
Restaurant Operations
The appeal was remanded because the AAO disagreed with the Director's basis for revocation. The Director incorrectly concluded that a pre-ex...
Bona Fide Job Opportunity Familial Relationship Beneficiary'S Qualifying Experience Revocation Of Approval
remanded
EB-3
Food Service
The appeal was remanded because the Director erred in denying the petitioner's motion to reconsider and incorrectly concluded that the petit...
Intent To Employ Full-Time Ability To Pay Proffered Wage
remanded
EB-3
Dental Technology
The AAO found that the Director erred in determining the petitioner failed to establish a bona fide job offer and in entering a finding of w...
Bona Fide Job Offer Willful Misrepresentation Of Material Fact Labor Certification Validity
dismissed
EB-3
Food Technology
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The financial statements provid...
Ability To Pay The Proffered Wage
remanded
EB-3
Poultry Processing
The AAO found the Director erred in revoking the petition based on the job offer and minimum requirements. However, the case was remanded be...
Bona Fide Job Offer Actual Minimum Requirements Ability To Pay Proffered Wage Revocation For Good And Sufficient Cause
dismissed
EB-3
Accounting
The appeal was dismissed because USCIS properly mailed the notice of intent to revoke (NOIR) and the subsequent revocation to the petitioner...
Revocation For Cause Adequacy Of Notice Due Process Petitioner'S Responsibility To Update Address Timeliness Of Motion To Reopen
remanded
EB-3
Manufacturing
The Director denied the petition because the petitioner's financial statements did not show the ability to pay the combined proffered wages ...
Ability To Pay Proffered Wage
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