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 18 of 20
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the position. The record containe...
Beneficiary Qualifications Labor Certification Requirements Work Experience Verification Credibility Of Evidence
remanded
EB-3
Food Service
The Director denied the petition on three grounds: ability to pay, lack of a bona fide job offer, and willful misrepresentation. The AAO fou...
Ability To Pay Bona Fide Job Offer Willful Misrepresentation Of A Material Fact
dismissed
EB-3
Information Technology
The appeal was dismissed because the beneficiary did not meet the minimum educational requirements of the labor certification, which require...
Labor Certification Requirements Educational Equivalency Work Experience Suitable Combination Of Education, Training, And/Or Experience
remanded
EB-3
Bookkeeping
The Director revoked the petition's approval based on a perceived undisclosed familial relationship, which suggested the job offer was not b...
Bona Fide Job Offer Familial Relationship Willful Misrepresentation Job Open To U.S. Workers
remanded
EB-3
Culinary Arts
The appeal was remanded because the AAO found that the Director erred in determining the position did not qualify as a skilled worker. Howev...
Skilled Worker Classification Beneficiary Qualifications Ability To Pay
dismissed
EB-3
Software Development
The appeal was dismissed because the Director had good and sufficient cause to revoke the petition. The grounds for revocation included the ...
Bona Fide Job Offer Misrepresentation Of Work Experience Beneficiary'S Qualifications Ability To Pay Proffered Wage Misrepresentation Of Job Requirements Validity Of Labor Certification
remanded
EB-3
Architectural Engineering
The Director initially denied the petition, finding the petitioner had not established its ability to pay the proffered wage or that the ben...
Ability To Pay Beneficiary Qualifications
dismissed
EB-3
Accounting
The motions to reopen and reconsider were both dismissed. The petitioner failed to provide new material facts for the motion to reopen and d...
Motion To Reopen Motion To Reconsider Timely Filing Change Of Address
remanded
EB-3
Information Technology
The appeal was remanded because the Director erred in the initial denial. The Director used the wrong proffered wage figure ($120,500 instea...
Ability To Pay The Proffered Wage
remanded
EB-3
Restaurant Management
The Director's decision was withdrawn and the case was remanded because the denial, which was based on a finding that the petitioner provide...
Skilled Worker Classification Labor Certification Requirements Two Years Of Experience Falsified Evidence
remanded
EB-3
Factory Work
The appeal was remanded because the Director erred in calculating the petitioner's ability to pay the proffered wages. The Director used an ...
Ability To Pay The Proffered Wage Bona Fide Job Offer
dismissed
EB-3
Information Technology
The appeal was dismissed because the Director provided substantial and probative evidence that the beneficiary had previously entered into a...
Marriage Fraud Bar (Ina 204(C)) Beneficiary'S Experience Ability To Pay
remanded
EB-3
Market Research
The appeal was remanded because the Director's revocation was procedurally flawed. The AAO found that the Director failed to sufficiently ex...
Bona Fide Job Offer Qualifying Work Experience Misrepresentation Procedural Compliance (Noir)
remanded
EB-3
Construction
The director's decision to revoke the petition was withdrawn and the case was remanded. The petitioner argued it did not receive sufficient ...
Work Experience Beneficiary'S Qualifications Credibility Of Evidence
remanded
EB-3
Printing
The Director denied the petition, finding that a pre-existing friendship between the spouses of the Beneficiary and the Petitioner's co-owne...
Bona Fide Job Offer Labor Certification Validity Willful Misrepresentation Disclosure Of Relationships
remanded
EB-3
Culinary Arts
The AAO found that the Director's reason for revocation, the lack of a bona fide job opportunity, was not supported by the record as constit...
Bona Fide Job Opportunity Ability To Pay
dismissed
EB-3
Healthcare
The AAO determined that the Director incorrectly denied the petitioner's request to withdraw the I-140 petition. The AAO granted the withdra...
Petition Withdrawal Portability (Ac21) Revocation Of Approval Beneficiary Standing To Appeal
dismissed
EB-3
Bookkeeping
The appeal was dismissed because the petitioner failed to respond to a Notice of Intent to Revoke (NOIR) issued by the Director. The NOIR ra...
Beneficiary'S Qualifications Ability To Pay Bona Fide Job Offer Fraud Or Misrepresentation Failure To Respond To Noir
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner and beneficiary willfully misrepresented material information on the labor certification reg...
Material Misrepresentation Beneficiary'S Education Labor Certification Accuracy Motion To Reopen/Reconsider
remanded
EB-3
Retail Management
The Director denied the petition, finding fraud because the petitioner did not disclose a prior business relationship with the beneficiary o...
Bona Fide Job Offer Validity Of Labor Certification Fraud Or Willful Misrepresentation Ability To Pay Proffered Wage
remanded
EB-3
Electroplating
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was procedurally deficient, as it lacked a specific stateme...
Bona Fide Job Offer Improper Payments (20 C.F.R. § 656.12(B)) Ability To Pay
dismissed
EB-3
Tailoring
The appeal was dismissed because the Director revoked the initial approval due to a lack of intent to employ the beneficiary. A site visit r...
Intent To Employ Bona Fide Job Offer Business Viability Site Visit Findings Inconsistencies In Testimony
remanded
EB-3
Computer Software
The appeal was remanded because the AAO disagreed with the Director's finding that the job duties had changed significantly. The AAO found t...
Labor Certification Validity Job Duties Similarity Offered Wage
remanded
EB-3
Horse Racing
The Director denied the petition based on a finding of willful misrepresentation due to inconsistencies in the beneficiary's stated work his...
Beneficiary'S Qualifying Experience Labor Certification Requirements Willful Misrepresentation Of Material Fact Inconsistent Work History
remanded
EB-3
Human Resources
The Director revoked the petition's approval, concluding that the job offer was not bona fide and open to U.S. workers because the beneficia...
Bona Fide Job Offer Labor Certification Process
remanded
EB-3
Poultry Processing
The AAO found that the Director erred in denying the petition on the basis that the job offer was not bona fide. However, the AAO determined...
Bona Fide Job Offer Ability To Pay The Proffered Wage
remanded
EB-3
Culinary Arts
The Director had revoked the petition, finding that a bona fide job offer did not exist and that the petitioner willfully misrepresented a m...
Bona Fide Job Offer Willful Misrepresentation Familial Relationship Labor Certification Requirements Beneficiary Qualifications
dismissed
EB-3
Retail Management
The motion to reopen and reconsider was dismissed because the petitioner failed to resolve inconsistencies regarding the beneficiary's claim...
Beneficiary'S Qualifications Bona Fide Job Offer Material Misrepresentation
dismissed
EB-3
Tailoring
The motion was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's required work expe...
Beneficiary'S Qualifying Work Experience Willful Misrepresentation Of A Material Fact
remanded
EB-3
Poultry Processing
The appeal was remanded because the Director's notice of revocation was found to be deficient. The Director failed to adequately explain the...
Ability To Pay Bona Fide Job Offer Payment Of Recruitment Costs Beneficiary'S Intent To Work
dismissed
EB-3
Travel Services
The motion was dismissed because the petitioner failed to provide new evidence to overcome the previous finding that it lacked the ability t...
Ability To Pay Proffered Wage Fraud Or Willful Misrepresentation Of Material Facts Validity Of Labor Certification
remanded
EB-3
Retail Management
The Director revoked the approved petition because the petitioner used an incorrect NAICS code for its business (a gas station with a conven...
Labor Certification Validity Material Change In Job Opportunity Revocation For Cause Naics Code Classification
remanded
EB-3
Dentistry
The appeal was remanded because the Director's reason for denial—failure to provide the beneficiary's F-2 work authorization—was found to be...
Beneficiary'S Immigration Status/Work Authorization Beneficiary'S Work Experience Petitioner'S Ability To Pay Proffered Wage Labor Certification Requirements
remanded
EB-3
Information Technology
The Director's decision was withdrawn because it incorrectly evaluated the petition under the advanced degree professional (EB-2) standard, ...
Labor Certification Requirements Educational Requirements Experience Requirements Experience Gained With Petitioner Proper Visa Classification
dismissed
EB-3
Real Estate
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
remanded
EB-3
Landscaping
The Director's decision was withdrawn and the matter remanded because the Director improperly dismissed the Petitioner's motion to reconside...
Motion To Reconsider Debarment Incorrect Application Of Law
remanded
EB-3
Information Technology
The appeal was remanded because the AAO found the Director erred in concluding the job offer was not bona fide, noting the petitioner had fo...
Bona Fide Job Offer Willful Misrepresentation Beneficiary As An Affected Party Ability To Pay
remanded
EB-3
Tailoring
The appeal was remanded because the Director failed to address the petitioner's response to the Notice of Intent to Revoke concerning the bo...
Bona Fide Job Offer Beneficiary'S Qualifications Ability To Pay Proffered Wage Material Misrepresentation
remanded
EB-3
Bookkeeping
The appeal was remanded because the Director committed a procedural error. The revocation was based on adverse information—specifically, the...
Beneficiary'S Required Experience Material Misrepresentation Bona Fide Job Offer Procedural Due Process For Revocation
dismissed
EB-3
Public Relations
The appeal was dismissed because the record showed the beneficiary paid costs associated with the labor certification, which is a violation ...
Labor Certification Payment Rules (20 C.F.R. § 656.12) Revocation Of An Approved Petition For Good And Sufficient Cause
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to resolve material inconsistencies regarding the beneficiary's claimed work experien...
Beneficiary'S Qualifying Experience Credibility Of Evidence Material Misrepresentation Bona Fide Job Offer Valid Labor Certification
remanded
EB-3
Culinary
The Director's decision dismissing the motion to reconsider was improperly based on a procedural rule, specifically the failure to include a...
Beneficiary Qualifications Work Experience Fraud/Misrepresentation
remanded
EB-3
Clothing Recycling
The AAO determined that the petitioner did establish that the job opportunity was bona fide, disagreeing with the Director's reason for deni...
Bona Fide Job Offer Ability To Pay Proffered Wage
remanded
EB-3
Commercial Cleaning
The appeal was remanded because the Director did not properly assess the petitioner's claim that a successor-in-interest had acquired the co...
Successor-In-Interest Ability To Pay Bona Fide Job Offer
remanded
EB-3
Restaurant Business
The AAO found the Director erred in denying the petition, concluding that the job's minimum requirement of six months of experience (with a ...
Unskilled Worker Classification Job Experience Requirements Ability To Pay
remanded
EB-3
Data Analysis
The Director denied the petition, stating that the work experience the beneficiary gained with the petitioning employer could not be used to...
Labor Certification Requirements Minimum Experience Requirement Experience Gained With Petitioning Employer
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner did not establish that it was a valid successor-in-interest to the entity that filed the ori...
Successor-In-Interest Bona Fide Job Offer Ability To Pay Beneficiary As Affected Party (Portability) Revocation For Good And Sufficient Cause
dismissed
EB-3
Bookkeeping
The appeal was dismissed because the petitioner failed to resolve a significant inconsistency between the beneficiary's claimed bookkeeping ...
Beneficiary'S Qualifying Experience Labor Certification Requirements Part-Time Vs Full-Time Experience Inconsistent Evidence Misrepresentation
dismissed
EB-3
Jewelry
The appeal was dismissed because the petitioner failed to resolve inconsistencies regarding the beneficiary's claimed work experience. The b...
Beneficiary Qualifications Bona Fide Job Offer Willful Misrepresentation Validity Of Labor Certification Revocation Authority
dismissed
EB-3
Marketing
The appeal was dismissed because the Petitioner failed to sufficiently establish that the Beneficiary possessed the required work experience...
Beneficiary'S Qualifying Work Experience Petitioner'S Ability To Pay Inconsistencies In The Record
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's claimed qualifying...
Beneficiary'S Qualifying Work Experience Labor Certification Requirements Consistency Of Evidence Revocation For Good And Sufficient Cause
sustained
EB-3
Bookkeeping
The Director revoked the initially approved petition, concluding that a bona fide job opportunity did not exist. The AAO reviewed the matter...
Bona Fide Job Opportunity
sustained
EB-3
Computer Science
The Director initially denied the petition, concluding the petitioner had not established its continuing ability to pay the proffered wage. ...
Ability To Pay Proffered Wage
dismissed
EB-3
Martial Arts
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the required two years of work experience. The ben...
Minimum Employment Experience
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to prove that the new position of 'Senior Director, IT' was the same or similar to th...
Validity Of Labor Certification Material Change In Job Opportunity Same Or Similar Job Duties
sustained
EB-3
Software Engineering
The Director initially denied the petition, concluding the petitioner did not demonstrate the intent to pay the required prevailing wage bec...
Intent To Pay Proffered/Prevailing Wage
dismissed
EB-3
Manufacturing
The appeal was rejected because the AAO lacks jurisdiction, as a USCIS acknowledgement of a petitioner's withdrawal request is not an appeal...
Jurisdiction Over Appeal Timeliness Of Appeal Withdrawal Of Petition
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner, a construction business, failed to demonstrate its ability to pay the beneficiary's proffer...
Ability To Pay Proffered Wage
remanded
EB-3
Tailoring
The Director revoked an approved petition, alleging there was no bona fide job offer and that the petitioner misrepresented a familial relat...
Bona Fide Job Offer Material Misrepresentation On Labor Certification Familial Relationship Disclosure
remanded
EB-3
Information Technology
The Director's denial did not sufficiently analyze the petitioner's expert opinions regarding the beneficiary's foreign degree. The AAO rema...
Possession Of Required Education Foreign Degree Equivalency
remanded
EB-3
Software Development
The Director denied the petition, concluding the petitioner lacked the ability to pay the proffered wage. The AAO remanded the case because ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to prove the beneficiary met the required five years of progressive post-baccalaureat...
Beneficiary Qualifications Labor Certification Requirements Post-Baccalaureate Experience Education Equivalency Priority Date
dismissed
EB-3
Poultry Processing
The petitioner's motions to reopen and reconsider were dismissed because the case was rendered moot. The beneficiary had already obtained la...
Ability To Pay Mootness
remanded
EB-3
Medical
The appeal regarding the ability to pay was successful because the Director had miscalculated the petitioner's net current assets. However, ...
Ability To Pay Beneficiary'S Qualifying Experience
remanded
EB-3
Culinary Arts
The Director revoked the petition approval after the Beneficiary allegedly made inconsistent statements about his work experience during a c...
Beneficiary'S Qualifications Minimum Experience Requirement
dismissed
EB-3
Retail Business
The appeal was dismissed because the Petitioner failed to establish its ability to pay the proffered wage from the priority date onward. Ana...
Ability To Pay Beneficiary'S Experience Bona Fide Job Offer Willful Misrepresentation
dismissed
EB-3
Healthcare Technology
The motion to reconsider was dismissed because it reiterated previous arguments and did not establish that the prior decision incorrectly ap...
Labor Certification Requirements Educational Requirements Foreign Degree Equivalency Combination Of Education And Experience
remanded
EB-3
Data Management
The Director denied the petition, finding that the new role of 'Manager, Data Management' constituted a material change from the 'Senior Pro...
Validity Of Labor Certification Material Change In Job Opportunity Same Or Similar Job Opportunity
dismissed
EB-3
Education
The appeal was dismissed because the underlying labor certification did not require a single bachelor's degree or a foreign equivalent degre...
Professional Classification Requirements (Bachelor'S Degree) Ability To Pay Proffered Wage
dismissed
EB-3
Packing And Shipping
The motion was dismissed because the petitioner, a sole proprietor, failed to demonstrate a continuous ability to pay the proffered wage for...
Ability To Pay Proffered Wage Sole Proprietor Living Expenses Net Income Net Current Assets Equitable Estoppel Federal Poverty Guidelines
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner filed under the 'professional' subcategory, which requires the job to have a minimum of a ba...
Job Requires Bachelor'S Degree Amendment Of Visa Category Post-Decision Skilled Worker Requirements
dismissed
EB-3
Business
The appeal was dismissed because the petitioner's labor certification unambiguously required a U.S. bachelor's degree and explicitly rejecte...
Beneficiary'S Educational Qualifications Labor Certification Requirements Acceptance Of Foreign Degree Equivalent Clerical Error On Labor Certification Uscis Authority Over Dol Certification
dismissed
EB-3
Interior Design
The appeal was dismissed because the petitioner failed to submit required initial evidence demonstrating its ability to pay the proffered wa...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The company's net income and net ...
Ability To Pay Proffered Wage
dismissed
EB-3
Information Technology
The appeal was dismissed because the Beneficiary did not meet the minimum requirements of the labor certification. The Director and the AAO ...
Beneficiary'S Qualifications For The Certified Position Labor Certification Educational Requirements Labor Certification Experience Requirements Foreign Educational Equivalency
remanded
EB-3
Plastic Products Wholesale
The AAO withdrew the Director's decision, finding that the petitioner had established the existence of a bona fide job offer despite an alle...
Bona Fide Job Offer Job Open To U.S. Workers Familial Relationship Ability To Pay Proffered Wage
remanded
EB-3
Administrative Services
The appeal was remanded because the Director included adverse information in the revocation without giving the Petitioner an adequate opport...
Qualifying Work Experience Credibility Of Evidence Willful Misrepresentation Unpaid Internship As Qualifying Experience
dismissed
EB-3
Culinary
The appeal was dismissed because it challenged the wrong decision. The petitioner argued against the merits of the original revocation conce...
Motion To Reopen Motion To Reconsider Beneficiary Work Experience Willful Misrepresentation
dismissed
EB-3
Medicine
The appeal was dismissed because the petitioner failed to provide proper notice of the labor certification filing. Specifically, the notice ...
Notice Of Filing Of Labor Certification Schedule A Occupation Requirements Certifying Officer Address
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate its ability to pay the proffered wage from the...
Ability To Pay
dismissed
EB-3
Information Technology
The motion was dismissed because the petitioner failed to establish that the beneficiary met the minimum educational requirements specified ...
Beneficiary Qualifications Labor Certification Requirements Minimum Education Requirements Foreign Degree Equivalency Kellogg Language
remanded
EB-3
Tailoring
The appeal was remanded because the Director improperly dismissed the petitioner's motion to reopen and reconsider on a procedural technical...
Bona Fide Job Offer Family Relationship Disclosure Willful Misrepresentation Motion To Reopen/Reconsider Procedure
remanded
EB-3
Food Service
The appeal was remanded because the initial denial was based on incomplete financial evidence. The petitioner's federal income tax return fo...
Ability To Pay Proffered Wage Net Income Net Current Assets Number Of Employees
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the job offered, a restaurant cook, did not qualify for the requested EB-3 'professional' worker classifica...
Job Classification As Professional Ability To Pay Proffered Wage
remanded
EB-3
Nursing
The Director denied the petition because the application stated the job required no education, failing the 'skilled worker' standard of need...
Skilled Worker Requirements Two Years Of Training Or Experience Post-Secondary Education As Training Schedule A Requirements
remanded
EB-3
Home Health Care
The Director denied the petition for failure to demonstrate a continuing ability to pay the proffered wage and that it was still doing busin...
Ability To Pay Job Portability (Ac21) Bona Fide Job Offer
dismissed
EB-3
Rug Repair
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum experience requirements for the off...
Beneficiary Qualifications Evidence Of Required Experience Willful Misrepresentation
remanded
EB-3
Administration
The AAO determined that while the petitioner's appeal was untimely, the Director failed to properly consider it as a motion to reopen or rec...
Timeliness Of Appeal Motion To Reopen Motion To Reconsider Procedural Filing Requirements Ability To Pay
remanded
EB-3
Pharmaceuticals
The Director's decision, which denied the petition based on the petitioner's ability to pay the proffered wage, was withdrawn. The AAO found...
Ability To Pay Proffered Wage Valid Labor Certification Proper Filing Of Petition
remanded
EB-3
Semiconductor Engineering
The appeal was remanded because the AAO disagreed with the Director's finding that a bona fide job opportunity did not exist. The AAO determ...
Bona Fide Job Opportunity Disclosure On Labor Certification Beneficiary'S Influence Over Job Opportunity Ability To Pay Proffered Wage
remanded
EB-3
Closet Installation
The Director's decision was withdrawn because the AAO found the Director erred in concluding the beneficiary lacked a valid driver's license...
Beneficiary Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Software Development
The Director denied the petition using an incorrect priority date to assess the petitioner's ability to pay. While the AAO agreed the Direct...
Ability To Pay Priority Date
dismissed
EB-3
Accounting
The motion was dismissed because the petitioner failed to meet the procedural requirements. The petitioner did not present new facts to warr...
Motion To Reopen Motion To Reconsider Timeliness Of Filing Material Misrepresentation
remanded
EB-3
Automotive Repair
The appeal was remanded because the Director's denial did not provide a sufficient analysis, preventing the petitioner from a meaningful opp...
Beneficiary'S Qualifying Experience Labor Certification Requirements Evidence Reliability Document Translation Requirements Inconsistencies With Prior Immigration Filings
dismissed
EB-3
Professional
The motions to reopen and reconsider were dismissed due to procedural failures. The petitioner failed to meet the regulatory requirements fo...
Beneficiary'S Qualifications Motion To Reopen Motion To Reconsider Procedural Filing Requirements
remanded
EB-3
Software Development
The Director denied the petition based on the petitioner's failure to establish its ability to pay the proffered wage. The AAO remanded the ...
Ability To Pay Priority Date Ability To Pay Multiple Beneficiaries
remanded
EB-3
Marketing
The Director denied the petition due to discrepancies in the Beneficiary's work history for one employer as listed on the labor certificatio...
Beneficiary'S Qualifications Labor Certification Requirements Qualifying Work Experience Priority Date Discrepancies In Evidence
dismissed
EB-3
Computer Science
The motion to reopen was dismissed because the petitioner failed to establish proper cause. The initial appeal was summarily dismissed for f...
Motion To Reopen Requirements Procedural Filing Requirements Submission Of Appellate Brief
remanded
EB-3
Agriculture
The appeal was remanded because the AAO concluded that the Director's Request for Evidence (RFE) did not sufficiently notify the petitioner ...
Beneficiary Qualifications Experience Verification Labor Certification Requirements Evidentiary Inconsistencies Sufficiency Of Rfe
dismissed
EB-3
Truck Driving
The motion to reopen was dismissed for lacking new evidence, and the motion to reconsider was dismissed because the AAO found no error in it...
Beneficiary'S Qualifying Work Experience Labor Certification Requirements Evidence Credibility Material Misrepresentation
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