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 19 of 20
dismissed
EB-3
Logistics
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The peti...
Ability To Pay Proffered Wage
remanded
EB-3
Computer Support
The appeal was remanded because the Director's decision to revoke the petition was procedurally flawed. The Director did not clearly articul...
Revocation For Good And Sufficient Cause Familial Relationship Disclosure Bona Fide Job Offer Willful Misrepresentation
remanded
EB-3
Hospitality
The Director denied the petition, concluding the petitioner did not establish the ability to pay the proffered wage. The AAO remanded the ca...
Ability To Pay The Proffered Wage
sustained
EB-3
Nursing
The appeal was sustained because the AAO found no 'good and sufficient cause' for the Director to revoke the previously approved petition. T...
Bona Fide Job Offer Familial Relationship Schedule A Occupation Good And Sufficient Cause For Revocation
dismissed
EB-3
Professional
The appeal was dismissed because the original petition was filed under the EB-3 professional category, which requires an employer sponsor an...
Labor Certification Requirement Employer Sponsorship Requirement Inability To Change Visa Classification On Appeal Eligibility At Time Of Filing
dismissed
EB-3
Health Services Management
The appeal was dismissed because the record failed to establish that the Beneficiary possessed the required bachelor's degree in commerce or...
Educational Requirements Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The petitioner's tax return sho...
Ability To Pay The Proffered Wage
remanded
EB-3
Dental Assistance
The appeal was remanded. The AAO found that the petitioner did establish a bona fide job offer, overturning the Director's reason for denial...
Bona Fide Job Offer Ability To Pay Proffered Wage
dismissed
EB-3
Real Estate
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 Net Income Net Current Assets Totality Of The Circumstances
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum training requirements listed on the...
Beneficiary'S Qualifications Training Requirements Experience Requirements
remanded
EB-3
Computer Science
The appeal was remanded because the Director incorrectly determined that the petitioner had not established its ability to pay the proffered...
Ability To Pay The Proffered Wage
remanded
EB-3
Accounting
The appeal was remanded. The AAO found that the Director erred in denying the petition based on ability to pay, as the Director had miscalcu...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
remanded
EB-3
Transportation
The decision was remanded to allow the petitioner to submit newly available financial evidence (2022 tax returns) to demonstrate its ability...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Retail Management
The motion to reopen was dismissed for failing to state new facts supported by documentary evidence. The motion to reconsider was dismissed ...
Motion To Reopen Requirements Motion To Reconsider Requirements Beneficiary'S Qualifying Experience Resolving Inconsistencies In Evidence Credibility Of Evidence
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The company's tax returns showe...
Ability To Pay The Proffered Wage
dismissed
EB-3
Accounting
The appeal was dismissed because the job requirements listed on the labor certification did not consistently require a bachelor's degree. Th...
Job Must Require A Baccalaureate Degree Labor Certification Requirements Alternate Combination Of Education And Experience
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. T...
Ability To Pay The Proffered Wage
dismissed
EB-3
Travel
The motion to reopen and reconsider was dismissed because the petitioner failed to meet the required legal standards. The petitioner present...
Valid Labor Certification Fraud Or Willful Misrepresentation Ability To Pay Proffered Wage Motion To Reopen Requirements Motion To Reconsider Requirements
sustained
EB-3
Healthcare
The appeal was sustained because the Director incorrectly applied a regulation (20 C.F.R. § 656.17) that prohibits counting experience gaine...
Beneficiary Qualifications Schedule A Requirements Professional License Education Work Experience
dismissed
EB-3
Food Service Management
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage. Although the AAO wit...
Willful Misrepresentation Ability To Pay Proffered Wage
remanded
EB-3
Baking
The appeal was remanded because the Director's decision to revoke the petition was based on a site visit years after filing, which the AAO f...
Bona Fide Job Offer Willful Misrepresentation Revocation For Good And Sufficient Cause Job Portability (Ina 204(J)) Ability To Pay
dismissed
EB-3
Manufacturing
The motion was dismissed because the filing party failed to prove it was a legitimate successor-in-interest to the original petitioner. The ...
Successor-In-Interest Motion To Reopen Standards Motion To Reconsider Standards Ability To Pay Beneficiary'S Qualifications Material Misrepresentation
remanded
EB-3
Household Cook
The appeal was remanded because the Director improperly denied the petition based on an undisclosed familial relationship without fully cons...
Ability To Pay Bona Fide Job Offer Willful Misrepresentation Of A Material Fact
dismissed
EB-3
Elder Care
The appeal was dismissed because the petitioner, a residential care facility, failed to demonstrate its ability to pay the proffered wage to...
Ability To Pay Proffered Wage Net Income Net Current Assets Tax Returns Bank Statements
dismissed
EB-3
Financial Services
The appeal was dismissed because the petitioner misrepresented a material fact on the accompanying labor certification by failing to disclos...
Labor Certification Familial Relationship Bona Fide Job Opportunity Misrepresentation
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to prove that the beneficiary's three-year foreign degree was equivalent to the requi...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency To A U.S. Bachelor'S Degree Job Requirements From The Labor Certification Sufficiency Of Expert Opinion Evaluations
remanded
EB-3
Food Service
The appeal was remanded because the Director improperly revoked the petition based on the job opportunity's bona fides, a determination that...
Bona Fides Of The Job Opportunity Ability To Pay Proffered Wage
remanded
EB-3
Accounting
The decision was remanded. The AAO disagreed with the Director's revocation, which was based on a change in worksite, finding that the new l...
Intent To Employ Validity Of Labor Certification Worksite Location Change Job Availability To U.S. Workers Ability To Pay Proffered Wage
remanded
EB-3
Food Manufacturing
The appeal was remanded due to procedural errors by the Director. The Notice of Intent to Revoke (NOIR) did not give the petitioner a proper...
Willful Misrepresentation Prohibited Labor Certification Fees Revocation Process Notice Of Intent To Revoke (Noir) Requirements
remanded
EB-3
Religious Work
The Director dismissed the Petitioner's motion to reopen as untimely filed. The AAO determined this was an error because USCIS had announced...
Timeliness Of Motion To Reopen
dismissed
EB-3
Accounting
The appeal was dismissed because the I-140 petition was filed without a required, approved labor certification from the Department of Labor ...
Approved Labor Certification
dismissed
EB-3
It Project Management
The appeal was dismissed because the beneficiary failed to demonstrate she met the minimum experience requirements outlined in the labor cer...
Beneficiary Qualifications Labor Certification Requirements Experience In Job Offered Experience Gained With Petitioning Employer Substantially Comparable Position Alternate Occupation Experience
dismissed
EB-3
Ice Skating
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum experience requirements for the p...
Beneficiary'S Qualifying Experience Beneficiary'S Qualifying Training Labor Certification Requirements Evidence Of Experience (Employer Letters)
remanded
EB-3
Healthcare
The appeal was remanded because while the petitioner successfully established it was a valid U.S. employer, overcoming the initial ground fo...
Validity Of U.S. Employer Ability To Pay Proffered Wage Schedule A Occupation Requirements Notice Of Labor Certification Filing
remanded
EB-3
Culinary
The Director's conclusion that the job offer was not bona fide was withdrawn, as identifying a candidate before recruitment is standard. How...
Bona Fide Job Offer Beneficiary Qualifications Prior Work Experience Evidence Credibility
sustained
EB-3
Health Insurance
The appeal was sustained because the AAO found the Director improperly invoked the marriage-fraud bar. The AAO concluded that the record did...
Marriage-Fraud Bar (Ina 204(C)) Revocation For Good And Sufficient Cause (Ina 205)
dismissed
EB-3
Poultry Processing
The motion to reopen was dismissed because the petitioner submitted new financial evidence that was not provided in a timely manner. The AAO...
Ability To Pay Proffered Wage
dismissed
EB-3
Human Resources
The appeal was dismissed because the beneficiary failed to establish they met the minimum educational requirements for the position. The lab...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Accounting
The motions to reopen and reconsider were dismissed. The motion to reconsider failed to establish that the prior decision was based on an in...
Motion To Reopen Motion To Reconsider Timeliness Of Motion Filing Due Process Rights
remanded
EB-3
Market Research
The appeal was previously dismissed for failing to prove the beneficiary met the educational and experience requirements. The petitioner fil...
Educational Requirements Foreign Degree Equivalency Work Experience
sustained
EB-3
Information Technology
The Director improperly denied the petition by refusing to consider evidence of the Beneficiary's master's degree, misapplying case law. The...
Educational Qualifications Foreign Degree Equivalency Priority Date Eligibility
remanded
EB-3
Restaurant Management
The Director's decision was withdrawn and the case was remanded due to procedural errors. The Director's Request for Evidence (RFE) misstate...
Ability To Pay Beneficiary'S Qualifying Experience
remanded
EB-3
Food Manufacturing
The appeal was remanded because the AAO withdrew the Director's finding of willful misrepresentation. The AAO concluded that a financial arr...
Willful Misrepresentation Familial Relationship Ability To Pay
sustained
EB-3
Manufacturing
The Director initially denied the petition because the petitioner had not established its continuing ability to pay the proffered wage. Upon...
Ability To Pay Proffered Wage
remanded
EB-3
Engineering
The appeal was remanded because the AAO found that the petitioner had not yet demonstrated the beneficiary's qualifying experience for the o...
Beneficiary'S Qualifying Experience Ability To Pay Proffered Wage Willful Misrepresentation Labor Certification Requirements
dismissed
EB-3
Martial Arts
The motions to reopen and reconsider were dismissed, upholding the prior denial. The petitioner failed to establish that the beneficiary pos...
Minimum Two Years Experience Proof Of Qualifying Experience Inconsistencies In The Record Willful Misrepresentation Requirements For Motion To Reopen/Reconsider
remanded
EB-3
Construction
The AAO withdrew the Director's decision, which was based on findings of misrepresentation and lack of a bona fide job offer. However, the c...
Misrepresentation Bona Fide Job Offer Ability To Pay Beneficiary Qualifications
dismissed
EB-3
Spa And Massage Services
The appeal was dismissed because the petitioner's labor certification, requiring only one year of experience, did not meet the requirements ...
Skilled Worker Requirements Other Worker Requirements Labor Certification Requirements Clerical Error Correction Policy
remanded
EB-3
Information Technology
The Director denied the petition for failing to establish the ability to pay the proffered wage. The AAO remanded the case, withdrawing the ...
Ability To Pay
dismissed
EB-3
Bookkeeping
The appeal was dismissed because the petitioner failed to demonstrate the beneficiary had the required two years of qualifying work experien...
Qualifying Work Experience Misrepresentation Bona Fides Of The Job Offer
dismissed
EB-3
Poultry Processing
The motion to reopen was dismissed because the petitioner submitted evidence that it had prior opportunities to provide and did not demonstr...
Ability To Pay The Proffered Wage
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner, a home healthcare agency, could not prove its ability to pay the combined proffered wages f...
Ability To Pay The Proffered Wage Net Income Net Current Assets Sonegawa Factors
remanded
EB-3
Accounting
The appeal was remanded because the petitioner submitted new material evidence on appeal regarding its ability to pay the proffered wage, wh...
Ability To Pay Bona Fide Job Offer
dismissed
EB-3
Healthcare Services
The motions were dismissed because the petitioner improperly tried to apply a nonimmigrant H-1B regulation, which allows work experience to ...
Bachelor'S Degree Requirement Foreign Degree Equivalency Experience In Lieu Of Education
dismissed
EB-3
Culinary Arts
The appeal was rejected because the petitioner failed to submit the required permanent labor certification application. The AAO determined t...
Labor Certification Ability To Pay Job Requirements (Bachelor'S Degree) Beneficiary Qualifications Appellate Jurisdiction
remanded
EB-3
Market Research
The appeal was remanded because while the AAO found the Director's initial grounds for revocation (lack of intent to employ) were not suppor...
Intent To Employ Bona Fide Job Offer Willful Misrepresentation Ability To Pay Beneficiary'S Qualifications
dismissed
EB-3
Cleaning Services
The appeal was dismissed because the petitioner, a cleaning company, failed to demonstrate its ability to pay the proffered wage. Although t...
Ability To Pay Proffered Wage Sufficiency Of Financial Evidence Financial Officer'S Statement Beneficiary'S Qualifying Education
dismissed
EB-3
Health Care
The motion to reconsider was dismissed because it did not establish that the prior decision was based on an incorrect application of law or ...
Labor Certification Requirements Beneficiary'S Educational Qualifications
remanded
EB-3
Stone Fabrication
The appeal was remanded because the Director denied the petition based on the beneficiary's work experience and alleged misrepresentation wi...
Beneficiary'S Qualifying Work Experience Willful Misrepresentation
dismissed
EB-3
Accounting
The appeal was dismissed because the labor certification did not meet the requirements for the EB-3 professional classification, as it allow...
Professional Classification Requirements (Bachelor'S Degree Minimum) Ability To Pay Proffered Wage
dismissed
EB-3
Financial Analysis
The appeal was dismissed because the petitioner falsely stated on the labor certification that no familial relationship existed between the ...
Non-Disclosure Of Familial Relationship On Labor Certification Bona Fide Job Offer Willful Misrepresentation Of A Material Fact Agency Jurisdiction (Uscis Vs. Department Of Labor)
remanded
EB-3
Nursing
The Director's decision was withdrawn and the case was remanded because the Director did not apply the correct standard of proof when determ...
Marriage Fraud Bar (Ina 204(C)) Standard Of Proof
dismissed
EB-3
Garment Manufacturing
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage. The petitioner had filed multip...
Ability To Pay Proffered Wage
remanded
EB-3
Retail
The Director's decision was withdrawn and the case was remanded. The AAO found that the Beneficiary did meet the position's minimum requirem...
Beneficiary'S Qualifications Skilled Worker Position Requirements
dismissed
EB-3
Information Technology
The motion was dismissed because the petitioner failed to demonstrate that the beneficiary met the educational requirements as stated on the...
Beneficiary'S Educational Qualifications Labor Certification Requirements Foreign Degree Equivalency Skilled Worker Vs. Professional Evidentiary Standards Kellogg Language Interpretation
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner, a construction company, failed to demonstrate its ability to pay the proffered wage for the...
Ability To Pay The Proffered Wage Net Income Net Current Assets Sonegawa Factors
dismissed
EB-3
Business
The appeal was dismissed because the beneficiary failed to prove they met the 24 months of required experience as a 'business manager' liste...
Beneficiary Qualifications Required Work Experience Possession Of A Baccalaureate Degree
remanded
EB-3
Software Engineering
The Director denied the petition, finding the beneficiary lacked the required five years of post-bachelor's experience. The AAO determined t...
Beneficiary'S Educational Qualifications Beneficiary'S Work Experience Labor Certification Requirements
dismissed
EB-3
Travel
The motions to reopen and reconsider were dismissed because the petitioner failed to meet the required standards. For the motion to reopen, ...
Ability To Pay Fraud Or Misrepresentation Motion To Reopen Motion To Reconsider
dismissed
EB-3
Meat Processing
The appeal was dismissed because the original petition was revoked for 'good and sufficient cause.' The Director determined the petitioner f...
Ability To Pay Proffered Wage Submission Of Fraudulent Documents Willful Misrepresentation Beneficiary Portability
dismissed
EB-3
Computer Science
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted his status to that of a permanent resident based o...
Beneficiary'S Possession Of A Bachelor'S Degree
remanded
EB-3
Culinary
The appeal was remanded because the Director introduced new adverse information in the final revocation notice that was not included in the ...
Undisclosed Familial Relationship Bona Fide Job Offer Availability To U.S. Workers Procedural Error By Uscis Beneficiary'S Qualifying Work Experience
dismissed
EB-3
Software Development
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted his status to that of a permanent resident based o...
Beneficiary'S Educational Qualifications Possession Of A Bachelor'S Degree
dismissed
EB-3
Software Engineering
The appeal was dismissed because the beneficiary's three-year Spanish 'Ingeniero Tecnico' degree was not equivalent to a U.S. bachelor's deg...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Labor Certification Requirements Combination Of Education And Experience
sustained
EB-3
Food Production
The director initially denied the petition, finding the petitioner did not establish a continuing ability to pay the proffered wage. The app...
Ability To Pay Proffered Wage
dismissed
EB-3
Maintenance Services
The appeal was dismissed as moot. The AAO found the appeal no longer retained practical significance because the Beneficiary had already adj...
Mootness Adjustment Of Status
remanded
EB-3
Software Solutions
The matter was remanded because the Director improperly revoked the petition approval. The AAO concluded that USCIS lacks the authority to d...
Bona Fide Job Offer Willful Misrepresentation Of A Material Fact Uscis Vs. Dol Authority
dismissed
EB-3
Marketing
The motion was dismissed because the petitioner failed to resolve significant inconsistencies in the beneficiary's stated employment history...
Beneficiary'S Required Work Experience Petitioner'S Ability To Pay
dismissed
EB-3
Software Development
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
Retail Management
The motion to reopen was dismissed because the Beneficiary failed to present any new facts or supporting evidence. The motion to reconsider ...
Motion To Reopen Requirements Motion To Reconsider Requirements Deference To Prior Approvals Ability To Pay Beneficiary Qualifications Bona Fide Job Offer
dismissed
EB-3
Oil And Gas
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage and establish the continuing val...
Ability To Pay Labor Certification Validity Successor In Interest Portability
remanded
EB-3
Janitorial Services
The Director revoked the petition's approval, concluding that the job offer for a 'Manager Janitorial Services' was not a bona fide position...
Bona Fide Job Offer Revocation For Good And Sufficient Cause Adherence To Labor Certification Terms Supervisory Duties
dismissed
EB-3
Fashion Accessories
The appeal was dismissed and the petition's revocation was upheld because the Petitioner failed to establish that the Beneficiary possessed ...
Beneficiary'S Required Work Experience
dismissed
EB-3
Janitorial Service
The appeal was dismissed because the Petitioner failed to establish its ability to pay the proffered wage from the priority date forward. Wh...
Bona Fide Job Offer Ability To Pay
dismissed
EB-3
Beauty Supply
The motions were dismissed because they were filed by the deceased petitioner's son, who was found to lack legal standing. The original peti...
Standing To File A Motion Successor-In-Interest Job Portability (Ina 204(J)) Ability To Pay Beneficiary'S Qualifications
remanded
EB-3
Food And Beverage
The Director's initial denial, based on an expired labor certification, was found to be in error because the expiration date fell on a Sunda...
Labor Certification Validity Bona Fide Job Offer Ability To Pay
remanded
EB-3
Computer Hardware Engineering
The AAO withdrew the Director's decision, finding no inconsistencies in the evidence of the beneficiary's past job duties. However, the case...
Beneficiary'S Qualifying Experience Labor Certification Requirements Consistency Of Job Duties In Evidence Experience Gained With The Petitioner
dismissed
EB-3
Jewelry
The appeal was dismissed because the petitioner failed to provide the required initial evidence to demonstrate its continuing ability to pay...
Ability To Pay Proffered Wage
sustained
EB-3
It Services
The Director initially denied the petition, concluding that the Beneficiary did not possess the minimum education for the position as descri...
Educational Requirements Work Experience Requirements Priority Date
dismissed
EB-3
Healthcare
The appeal was dismissed due to unresolved material discrepancies in the petition. Specifically, the minimum educational requirements for th...
Labor Certification (Schedule A) Prevailing Wage Determination Job Requirements Consistency Notice Of Filing Worksite Location
dismissed
EB-3
Accounting
The motions to reopen and reconsider were dismissed. The beneficiary failed to establish that the petitioning company was a valid successor-...
Successor-In-Interest Validity Of Labor Certification Beneficiary'S Qualifications Motion To Reopen Motion To Reconsider Ability To Pay Validity Of Job Offer
remanded
EB-3
Accounting
The Director's denial, based on the beneficiary's purported lack of experience, was withdrawn because the AAO found the beneficiary did meet...
Beneficiary'S Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. T...
Ability To Pay Proffered Wage
dismissed
EB-3
Accounting
The motions to reopen and reconsider were dismissed because the petitioner's arguments regarding improper notice were rejected. The AAO conc...
Motion To Reopen Motion To Reconsider Proper Service Of Notice (Noir) Obligation To Update Mailing Address Beneficiary Notice Rights (Ac21 Portability) Timeliness Of Filing
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the petitioner failed to demonstrate a bona fide intent to employ the beneficiary under the terms of the la...
Petitioner'S Intent To Employ Bona Fide Job Offer Consistency With Labor Certification Terms Worksite Location
remanded
EB-3
Culinary Arts
The Director's denial was withdrawn and the case was remanded because the record lacked recent evidence of the petitioner's continuing abili...
Ability To Pay Intent To Employ Beneficiary'S Required Experience
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to prove by a preponderance of the evidence that the beneficiary met the minimum expe...
Beneficiary'S Qualifications Proof Of Prior Experience Labor Certification Job Requirements
dismissed
EB-3
Healthcare
The motion to reconsider was dismissed because the petitioner did not demonstrate that the prior decision was based on an incorrect applicat...
Labor Certification Requirements Minimum Education Requirements Educational Equivalency Evaluation Alternate Combination Of Education And Experience
sustained
EB-3
Retail Management
The Director denied the petition, finding the evidence of the beneficiary's self-employment experience insufficient. The AAO sustained the a...
Beneficiary'S Qualifying Experience Evidence Of Prior Employment Self-Employment As Qualifying Experience Alternate Experience Requirements
remanded
EB-3
Nursing
The appeal was remanded because the Director's initial reason for denial, regarding the notice of filing timeline, was found to be incorrect...
Notice Of Filing Ability To Pay
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