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 17 of 20
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the combined proffered wages for this and 649 other...
Ability To Pay Proffered Wage Net Income Net Current Assets Ability To Pay Combined Wages For Multiple Petitions Letter From Financial Officer
dismissed
EB-3
Clinical Chemistry
The motion to reopen and reconsider was dismissed because the Beneficiary did not meet the minimum educational requirements as stated on the...
Beneficiary'S Educational Qualifications Experience Requirements Interpretation Of Labor Certification Educational Equivalency
remanded
EB-3
Software Technology
The Director denied the petition, concluding the Beneficiary's three-year UK degree was not equivalent to a four-year U.S. bachelor's degree...
Educational Requirements Foreign Degree Equivalency Field Of Study Experience Requirements
dismissed
EB-3
Aerospace
The appeal was dismissed because the beneficiary's three-year foreign bachelor's degree was determined not to be the equivalent of a U.S. ba...
Educational Requirements Foreign Degree Equivalency
dismissed
EB-3
Food Manufacturing
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the combined proffered wages for this an...
Ability To Pay Beneficiary'S Qualifications
remanded
EB-3
Farming
The Director's decision to revoke was based solely on an undisclosed familial relationship, which was deemed insufficient grounds without fu...
Bona Fide Job Offer Successor-In-Interest Ability To Pay Labor Certification Validity
remanded
EB-3
Auto Repair
The appeal was remanded for further consideration. The Director had revoked the petition on grounds that the beneficiary lacked the required...
Beneficiary Qualifications Ability To Pay Willful Misrepresentation Job Portability
remanded
EB-3
Retail Management
The AAO withdrew the Director's grounds for revocation, which were based on discrepancies in the beneficiary's start date and an alleged con...
Beneficiary'S Qualifications Prior Work Experience Authenticity Of Evidence Experience In The Job Offered
remanded
EB-3
Architecture
The Director's decision to deny the petition for lacking a bona fide job offer was withdrawn. However, the case was remanded because the AAO...
Bona Fide Job Offer Job Opportunity Open To U.S. Workers Beneficiary'S Qualifications Foreign Degree Documentation
remanded
EB-3
Personal Enrichment
The Director's decision was withdrawn because the petitioner established its ability to pay the proffered wage with its 2019 tax return. How...
Ability To Pay Beneficiary'S Qualifications Training Requirements
remanded
EB-3
Insurance
The AAO withdrew the Director's decision to deny the petition, finding that the Director improperly rejected evidence of the beneficiary's w...
Beneficiary'S Qualifying Experience Misrepresentation Credibility Of Evidence Authenticity Of Documents
dismissed
EB-3
Retail Management
The motion to reconsider was dismissed because it failed to demonstrate that the previous decision was based on an incorrect application of ...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Publishing
The appeal was dismissed because the petitioning company was legally dissolved years before the petition was filed, and therefore could not ...
Petitioner'S Intent To Employ Ability To Pay The Proffered Wage Validity Of Petitioning Entity Fraud Or Willful Misrepresentation
remanded
EB-3
Computer Data
The Director revoked the petition, finding the job offer was not bona fide because the petitioner offered the job to the beneficiary before ...
Bona Fide Job Offer Willful Misrepresentation Labor Certification Validity Beneficiary Qualifications
dismissed
EB-3
Logistics
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 Misrepresentation On Labor Certification
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the minimum required experience for the...
Beneficiary'S Qualifying Experience Inconsistencies In Evidence Willful Misrepresentation
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. While the petitioner's...
Ability To Pay Proffered Wage Permanent Job Offer Intent To Employ Schedule A Occupation
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the minimum two years of required work ...
Minimum Required Experience Beneficiary'S Qualifications Sufficiency Of Evidence Credibility Of Evidence
remanded
EB-3
Nursing
The appeal was remanded because the Director's denial was unclear. The AAO could not determine the specific reasons for the denial, whether ...
Other Worker Classification Schedule A Designation Clarity Of Denial Notice
dismissed
EB-3
Manufacturing
The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect applic...
Qualifying Work Experience Evidence Authenticity Willful Misrepresentation Qualifying Education Successor-In-Interest
remanded
EB-3
Bookkeeping
The appeal was remanded because the AAO found the Director's grounds for revoking the petition were insufficient. The AAO concluded that the...
Bona Fide Job Offer Qualifying Work Experience Misrepresentation
sustained
EB-3
Landscaping
The Director initially denied the petition, finding the petitioner failed to establish a bona fide job offer and the ability to pay the prof...
Bona Fide Job Offer Ability To Pay Proffered Wage
dismissed
EB-3
Clothing Manufacturing
The appeal was rejected because it was filed by a different company than the original petitioner. The AAO determined that the new company fa...
Successor-In-Interest Ability To Pay Beneficiary'S Qualifications Bona Fide Job Opportunity Material Misrepresentation
dismissed
EB-3
Adult Foster Care
The appeal was dismissed because the Director had good and sufficient cause to revoke the petition's approval under Section 205 of the Act. ...
Section 204(C) Marriage Fraud Bar Section 205 Revocation For Good Cause
remanded
EB-3
Plumbing
The appeal was remanded. The AAO withdrew the Director's reason for revocation, which was a lack of a bona fide job opportunity. However, th...
Bona Fides Of The Job Opportunity Beneficiary'S Qualifying Experience
dismissed
EB-3
Maintenance And Operations Services
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. Although the company's net inco...
Ability To Pay Proffered Wage Ability To Pay Combined Wages For Multiple Petitions
remanded
EB-3
Food Service
The AAO withdrew the Director's denial, finding the reasons related to the job offer's bona fides and posting notice requirements were impro...
Bona Fide Job Offer Labor Certification Posting Notice Requirements Validity Of Labor Certification Successor In Interest Ability To Pay Proffered Wage
remanded
EB-3
Food Service
The AAO found the petitioner's arguments regarding the full-time nature of the position to be persuasive, overcoming the Director's initial ...
Bona Fide Job Offer Full-Time Employment Ability To Pay Proffered Wage
remanded
EB-3
Food Service
The AAO found the petitioner's explanation regarding the full-time nature of the position persuasive, withdrawing the Director's basis for d...
Bona Fide Job Offer Full-Time Permanent Position Ability To Pay Proffered Wage
remanded
EB-3
Agriculture
The AAO disagreed with the Director's finding that the petitioner made a material misrepresentation on the labor certification and withdrew ...
Labor Certification Validity Material Misrepresentation Ability To Pay Proffered Wage Prohibited Fees Paid By Beneficiary
remanded
EB-3
Poultry Processing
The Director denied the petition, believing the job offer was not bona fide because the petitioner allegedly benefited from the beneficiary'...
Bona Fide Job Offer Labor Certification Process Improper Commerce And Payment (20 C.F.R. § 656.12(B))
remanded
EB-3
Poultry Processing
The AAO agreed with the petitioner that the Director's reasons for denial regarding the job offer's legitimacy were not supported by the evi...
Bona Fide Job Offer Labor Certification Compliance Ability To Pay Proffered Wage
sustained
EB-3
Poultry Processing
The appeal was sustained because the petitioner successfully established by a preponderance of the evidence that the proffered position was ...
Bona Fide Job Opportunity Rejection Of U.S. Workers For Lawful Reasons Actual Minimum Requirements For The Job
remanded
EB-3
Retail Management
The Director denied the petition, concluding the petitioner did not establish a bona fide job offer. The AAO had previously remanded the cas...
Bona Fide Job Offer Intent To Employ Ability To Pay The Proffered Wage Job Requirements Labor Certification Validity
remanded
EB-3
Hospitality
The appeal was remanded because the Director's original reason for denial, which concerned a misrepresentation of job requirements, did not ...
Job Requirements Ability To Pay Proffered Wage Labor Certification
remanded
EB-3
Poultry Processing
The AAO found that the petitioner had sufficiently addressed the Director's initial concerns about the labor certification process and the b...
Bona Fide Job Offer Labor Certification Integrity Ability To Pay Proffered Wage
remanded
EB-3
Poultry Processing
The AAO disagreed with the Director's findings that the job was not a bona fide opportunity and that the stated requirements were not the ac...
Bona Fide Job Opportunity Actual Minimum Requirements Ability To Pay The Proffered Wage
dismissed
EB-3
Poultry Processing
The appeal was dismissed because the record lacked the required evidence to demonstrate the original petitioning company's ability to pay th...
Ability To Pay Proffered Wage Labor Certification Validity Misrepresentation Notice Of Intent To Revoke (Noir) Adequacy
remanded
EB-3
Poultry Processing
The appeal was remanded because the AAO found the Director's original reason for denial, related to the bona fides of the job opportunity an...
Bona Fides Of The Job Opportunity Labor Certification Ability To Pay Proffered Wage
remanded
EB-3
Food Service
The appeal was remanded because the AAO found the petitioner did establish its intent for full-time employment, overturning the Director's r...
Full-Time Employment Ability To Pay The Proffered Wage
remanded
EB-3
Jewelry Retail
The AAO found the Director's original grounds for revocation (misrepresentation of a personal relationship) were unsupported by the record. ...
Misrepresentation Beneficiary'S Qualifications Ability To Pay Proffered Wage Labor Certification Requirements
remanded
EB-3
Poultry Processing
The AAO withdrew the Director's decision, which was based on the job offer not being bona fide. However, the AAO found that the record lacke...
Bona Fide Job Offer Payment From Beneficiary For Labor Certification Ability To Pay Proffered Wage Ability To Pay Multiple Beneficiaries
dismissed
EB-3
Immigration Consultancy
The appeal was dismissed because it was rendered moot. The petitioning company voluntarily dissolved in 2021, and therefore was no longer in...
Petitioner'S Continued Existence
dismissed
EB-3
Wig Making
The Director revoked the petition because the petitioner failed to demonstrate its ability to pay the proffered wage, that the beneficiary p...
Ability To Pay Beneficiary'S Qualifications Job Availability To U.S. Workers Willful Misrepresentation
remanded
EB-3
Housekeeping
The appeal was remanded due to a procedural error by the Director. The Director's final revocation was based on adverse information that was...
Bona Fide Job Offer Procedural Requirements For Revocation (Noir) Ability To Pay
remanded
EB-3
Medicine
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was deficient. The NOIR made conclusory observations about ...
Signature Authenticity Notice Of Intent To Revoke (Noir) Procedure Good And Sufficient Cause For Revocation
dismissed
EB-3
Jewelry Wholesale
The appeal was dismissed because the AAO found that the petitioner willfully misrepresented a material fact on the labor certification. The ...
Bona Fide Job Offer Familial Relationship Disclosure Willful Misrepresentation Of A Material Fact
remanded
EB-3
Culinary Arts
The appeal was remanded because the director's reasons for revocation were found to be flawed. The AAO determined that the petitioner's part...
Beneficiary'S Qualifying Experience Petitioner'S Intent To Employ Willful Misrepresentation
remanded
EB-3
Travel
The appeal was remanded because the AAO found the Director's reasoning for denial was flawed. The Director concluded the job was not availab...
Bona Fide Job Opportunity Bona Fide Job Offer U.S. Worker Availability Recruitment Efforts
remanded
EB-3
Poultry Processing
The AAO found that the Director's reason for denial, which questioned whether the job offer was bona fide, was not supported by the evidence...
Bona Fide Job Offer Labor Certification Compliance Ability To Pay Proffered Wage
remanded
EB-3
Poultry Processing
The AAO withdrew the Director's initial denial, which was based on the conclusion that an improper payment by the beneficiary negated the bo...
Bona Fide Job Offer Ability To Pay Proffered Wage Labor Certification Payment
dismissed
EB-3
Poultry Processing
The motion to reopen a previously dismissed appeal was itself dismissed. The petitioner failed to prove its ability to pay the proffered wag...
Ability To Pay Proffered Wage
remanded
EB-3
Stonemasonry
The Director denied the petition due to inconsistencies between the Beneficiary's work history claimed on the labor certification and that l...
Beneficiary'S Qualifying Experience
remanded
EB-3
Poultry Processing
The Director's decision to deny the petition based on the job offer not being bona fide was withdrawn. However, the case was remanded becaus...
Bona Fide Job Offer Labor Certification Process Ability To Pay Proffered Wage
remanded
EB-3
Janitorial Services
The motion was granted and the case remanded because the Director had overlooked potential grounds for revocation. The AAO found that the re...
Misrepresentation Beneficiary'S Qualifying Experience Ability To Pay The Proffered Wage
dismissed
EB-3
Automotive Manufacturing
The appeal was dismissed because the Petitioner failed to prove that the Beneficiary possessed the minimum educational requirements for the ...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements Work Experience As A Substitute For Education
dismissed
EB-3
Clothing Manufacturing
The appeal was dismissed because it was improperly filed. The petitioning company had legally dissolved more than two years before the appea...
Standing To Appeal Corporate Dissolution Successor-In-Interest
dismissed
EB-3
Food Services
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The petitioner's 2019 tax retur...
Ability To Pay The Proffered Wage
remanded
EB-3
Poultry Processing
The Director's decision to deny the petition based on a lack of a bona fide job offer was withdrawn. However, the AAO found that the petitio...
Bona Fide Job Offer Labor Certification Process Ability To Pay
sustained
EB-3
Software Engineering
The Director initially denied the petition for failing to establish that the Petitioner was the successor-in-interest to the company that fi...
Successor-In-Interest Ability To Pay Same Job Opportunity Transfer Of Ownership
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
Information Technology
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
remanded
EB-3
Poultry Processing
The Director initially denied the petition based on concerns about the job offer's bona fides and improper payments related to the labor cer...
Bona Fide Job Offer Labor Certification Process Ability To Pay Proffered Wage
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner did not demonstrate that the beneficiary possessed the required U.S. master's degree or its ...
Educational Requirements Foreign Degree Equivalency
dismissed
EB-3
Computer Science
The motions to reopen and reconsider were dismissed because the beneficiary failed to establish that he possessed the required two years of ...
Educational Requirements Work Experience
dismissed
EB-3
Business Management
The Director revoked the petition's approval, finding the petitioner did not establish a continuing ability to pay the proffered wage, the b...
Ability To Pay Beneficiary Qualifications Bona Fide Job Offer Beneficiary Standing To Appeal
remanded
EB-3
Culinary
The Director denied the petition, concluding that the petitioner, a Korean restaurant, did not establish a bona fide job offer for an assist...
Bona Fide Job Opportunity Job Open To U.S. Workers Petitioner'S Business Need Beneficiary'S Intent To Accept The Position Unstated Job Requirements
sustained
EB-3
Chef
The Director revoked the petition, finding that a personal relationship between the petitioner and beneficiary meant the job offer was not b...
Bona Fide Job Offer Fraud Or Willful Misrepresentation Validity Of Labor Certification Personal Relationship Between Petitioner And Beneficiary
remanded
EB-3
Bookkeeping
The Director's decision to revoke the petition based on alleged misrepresentation was withdrawn. The AAO found that the record lacked suffic...
Revocation For Good And Sufficient Cause Misrepresentation On Labor Certification Ability To Pay The Proffered Wage
remanded
EB-3
Dentistry
The AAO found the Director erred in revoking the petition based on the conclusions that the position was not full-time and was not a bona fi...
Full-Time Employment Bona Fide Job Offer Beneficiary Qualifications Prior Work Experience Documentation
dismissed
EB-3
Specialty Painting
The appeal was dismissed because the position offered did not meet the requirements for the 'skilled worker' classification, which necessita...
Skilled Worker Experience Requirement Petition Amendment Eligibility
remanded
EB-3
Landscaping
The case was remanded for further consideration because the Administrative Appeals Office (AAO) identified new issues not addressed by the D...
Beneficiary'S Experience Successor In Interest Ability To Pay
remanded
EB-3
Culinary
The Director revoked a previously approved petition, alleging the job offer was not bona fide due to a pre-existing relationship between the...
Bona Fide Job Offer Labor Certification Validity Revocation Authority Ability To Pay
sustained
EB-3
Cosmetology
The Director denied the petition after concluding the petitioner did not establish its ability to pay the proffered wage. The AAO sustained ...
Ability To Pay Proffered Wage
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner's labor certification allowed for the bachelor's degree requirement to be met through a 'com...
Labor Certification Requirements Educational Requirements Bachelor'S Degree Equivalency
remanded
EB-3
Marketing
The Director initially denied the petition, finding the petitioner had not established its ability to pay the proffered wage. The AAO remand...
Ability To Pay The Proffered Wage
dismissed
EB-3
Clinical Chemistry
The motion to reconsider was dismissed because the Beneficiary did not possess the required U.S. bachelor's degree or its foreign equivalent...
Labor Certification Requirements Educational Equivalency Alternate Combination Of Education And Experience
remanded
EB-3
Video Game Distribution
The appeal was remanded because the AAO found that the Director incorrectly concluded that a familial relationship existed between the Petit...
Bona Fide Job Offer Familial Relationship Willful Misrepresentation Alien Influence And Control Over Job Opportunity
remanded
EB-3
Engineering
The Director denied the petition, concluding that a friendship between the petitioner's president and the beneficiary meant the job offer wa...
Bona Fide Job Offer Familial Relationship Recruitment Efforts
dismissed
EB-3
Software
The appeal was dismissed because the Petitioner failed to sufficiently prove it was the successor-in-interest to the company that filed the ...
Successor-In-Interest Transfer Of Ownership Same Job Opportunity Ability To Pay
remanded
EB-3
Agriculture
The appeal was remanded because the AAO disagreed with the Director's initial reasons for denial concerning the legitimacy of the job offer ...
Bona Fide Job Offer Labor Certification Process Compliance Ability To Pay Proffered Wage
remanded
EB-3
Software Development
The decision was remanded because the Director revoked the petition without first determining whether the Beneficiary had legal standing to ...
Beneficiary Standing To Appeal Job Portability (Ina 204(J)) Revocation Process Bona Fide Job Offer Beneficiary Qualifications
dismissed
EB-3
Retail Shipping
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the requirements for either. The petitioner did not ...
Ability To Pay Proffered Wage
remanded
EB-3
Restaurant
The Director's decision to revoke the petition was withdrawn because the Director failed to properly analyze all the evidence related to the...
Prior Work Experience Beneficiary'S Qualifications Labor Certification Requirements
dismissed
EB-3
Software Development
The appeal was dismissed because the underlying labor certification did not meet the requirements for the EB-3 professional classification. ...
Professional Classification Requirements Labor Certification Educational Requirements Bachelor'S Degree Equivalency Single Foreign Degree Requirement
remanded
EB-3
Locksmith Services
The appeal was remanded due to procedural errors by the Director. The Notice of Intent to Revoke (NOIR) was found to be deficient because it...
Bona Fide Job Offer Qualifying Work Experience Procedural Requirements For Revocation (Noir)
remanded
EB-3
Wholesale Trade
The Director revoked the petition because the beneficiary was identified and offered the job years before the labor certification recruitmen...
Bona Fide Job Offer Labor Certification Process Recruitment Process
remanded
EB-3
Food Service
The appeal was remanded because the Director's decision to revoke the petition was deficient. The Director did not sufficiently explain the ...
Beneficiary'S Qualifying Experience Willful Misrepresentation Labor Certification Validity
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner did not establish that the beneficiary met the minimum education requirement listed on the l...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Labor Certification Requirements
remanded
EB-3
Domestic Service
The Director denied the petition based on the petitioner's 2020 tax returns, concluding they could not establish the ability to pay the prof...
Ability To Pay The Proffered Wage
remanded
EB-3
It Consulting
The Director revoked a previously approved petition, concluding it was approved in error because the position was for a skilled worker, not ...
Skilled Worker Vs Professional Classification Labor Certification Requirements Beneficiary Qualifications Ability To Pay Job Portability Revocation For Good And Sufficient Cause
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the offered position of 'manager, engineering' was the same or simi...
Validity Of Labor Certification Same Or Similar Job Opportunity Job Duties Comparison Supervisory Responsibilities Level Of Autonomy
dismissed
EB-3
Transportation
The appeal was dismissed because the Director's revocation was upheld. The revocation was based on findings that the Beneficiary misrepresen...
Beneficiary Qualifications Experience Requirements Misrepresentation Credibility Of Evidence
remanded
EB-3
Restaurant
The appeal was remanded because the Acting Director's decision to revoke the petition was not sufficiently explained. The decision and the N...
Revocation For Good And Sufficient Cause Willful Misrepresentation On Labor Certification Notice Of Intent To Revoke (Noir) Requirement To Provide Specific Reasons For Revocation
remanded
EB-3
Retail
The Director denied the petition, finding the evidence of the Beneficiary's work experience in the Bangladesh military was insufficient and ...
Beneficiary'S Qualifications Minimum Employment Experience
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum experience requirements for the off...
Meeting Minimum Educational Requirements Meeting Minimum Experience Requirements
remanded
EB-3
Information Technology
The Director's denial based on an inability to pay was withdrawn, as the AAO found the petitioner did establish its ability to pay for 2019....
Ability To Pay Bona Fide Job Offer Labor Certification Validity Area Of Intended Employment
dismissed
EB-3
Healthcare
The appeal was dismissed because the beneficiary did not meet the minimum job requirements as stated on the certified labor application (ETA...
Beneficiary Qualifications As Of Priority Date Minimum Education Requirements Foreign Educational Equivalent Amendment Of Labor Certification
remanded
EB-3
Construction
The Director denied the petition, finding the petitioner's tax returns did not demonstrate sufficient net income or net current assets to pa...
Ability To Pay Proffered Wage
sustained
EB-3
Software Engineering
The Director denied the petition, finding the beneficiary did not meet the required five years of post-baccalaureate experience because the ...
Possession Of A Baccalaureate Degree Five Years Of Progressive Post-Baccalaureate Experience Priority Date Timing Of Degree Award (Provisional Certificate Vs. Formal Diploma)
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