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 2 of 20
dismissed
EB-3
Landscaping
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
Rug Repair
The appeal was remanded because the AAO found it possible that the petitioner, through its counsel, did not receive the Notice of Intent to ...
Receipt Of Notice Of Intent To Revoke (Noir) Opportunity To Rebut Derogatory Information
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum requirement of two years of experie...
Beneficiary'S Qualifications Proof Of Required Experience
dismissed
EB-3
Flooring
The appeal was dismissed because the petitioner failed to prove that the beneficiary possessed the two years of required experience as a flo...
Beneficiary'S Requisite Experience Experience Verification Letters
dismissed
EB-3
Insulation Installation
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the special requirements listed on the certif...
Beneficiary Qualifications Experience Requirements Special Requirements (Certifications)
dismissed
EB-3
Machine Shop
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date....
Ability To Pay The Proffered Wage Successor-In-Interest Beneficiary'S Qualifying Experience
dismissed
EB-3
Hvac/Refrigeration
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 Successor-In-Interest
remanded
EB-3
Manufacturing
The Director improperly denied the petitioner's request to change the visa classification from 'professional' to 'skilled worker' to correct...
Change Of Classification Beneficiary'S Qualifications Ability To Pay
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the labor certification contained contradictory language regarding the job's minimum requirements; it simul...
Job Requires Bachelor'S Degree Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was rejected because it was filed untimely. The decision was issued on February 15, 2005, and the appeal was received on March 22...
Timeliness Of Appeal Treating Late Appeal As Motion
remanded
EB-3
Food Service
The director denied the petition, concluding that the proffered position of a cook was created solely for immigration purposes. On appeal, a...
Ability To Pay Proffered Wage Successor In Interest
remanded
EB-3
Auto Body Repair
The director denied the petition for abandonment, claiming the petitioner failed to respond to a request for evidence. The AAO found that th...
Abandonment Timely Response To Request For Evidence
dismissed
EB-3
Interior Design
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
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 Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a nursing registry, failed to establish that it had properly posted the notice of filing fo...
Schedule A Labor Certification Notice Of Filing Posting Requirements (20 C.F.R. § 656.20(G))
dismissed
EB-3
Moving And Storage
The director initially denied the petition because the petitioner had not established the ability to pay the proffered wage. The appeal was ...
Ability To Pay Proffered Wage Summary Dismissal For Failure To Identify Error
dismissed
EB-3
Electrical Engineering
The initial petition was denied because the director determined the petitioner had not established its continuing ability to pay the proffer...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
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 Proffered Wage
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate the continuing ability to pay the proffered wa...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. The decision notes that a withdraw...
Withdrawal Of Appeal
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner, through counsel, formally requested that the appeal be withdrawn. The AAO acted on this req...
Withdrawal Of Appeal
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the beneficiary the proffered wage from the ...
Ability To Pay Proffered Wage
dismissed
EB-3
Skilled Worker/Professional
The appeal was rejected because it was untimely filed. The director's decision was issued on March 23, 2005, but the appeal was not received...
Timely Filing Of Appeal
dismissed
EB-3
Culinary
The appeal was dismissed because the AAO affirmed the director's decision to revoke the petition's approval. The revocation was based on a f...
Section 204(C) Marriage Fraud Bar 8 C.F.R. § 204.2(A)(L)(Ii)
dismissed
EB-3
Marble Installation
The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. T...
Ability To Pay Proffered Wage
sustained
EB-3
Construction
The appeal was sustained, overturning the director's denial. The director had found that the petitioner failed to establish its ability to p...
Ability To Pay Proffered Wage Beneficiary'S Work Experience
remanded
EB-3
Cabinet Manufacturing
The appeal was remanded because the initial denial was based on an incorrect premise. The director denied the petition because the petitione...
Ability To Pay Proffered Wage Full-Time Employment Realistic Job Offer
dismissed
EB-3
Child Monitor
The appeal was rejected because the underlying petition was denied for abandonment after the petitioner failed to respond to a Request for E...
Abandonment Failure To Respond To Rfe Appealability Of Abandonment Denial Ability To Pay
dismissed
EB-3
Physical Therapy
The appeal was dismissed because the petitioner, a physical therapy clinic, failed to establish its ability to pay the beneficiary the proff...
Ability To Pay Proffered Wage Schedule A Labor Certification
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Salon And Spa
The appeal was dismissed because the petitioner, a salon and spa, failed to demonstrate its continuing ability to pay the proffered wage fro...
Ability To Pay Proffered Wage
dismissed
EB-3
Auto Repair
The appeal was dismissed due to the petitioner's failure to resolve numerous inconsistencies regarding the beneficiary's qualifying work exp...
Beneficiary'S Qualifications Required Experience Inconsistencies In The Record Documentation Of Prior Experience
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner, a new healthcare staffing service, failed to demonstrate its ability to pay the proffered w...
Ability To Pay Proffered Wage Schedule A Labor Certification Requirements
dismissed
EB-3
Home Attendant
The appeal was dismissed because the petitioner, an individual, failed to demonstrate the ability to pay the proffered wage for a home atten...
Ability To Pay Proffered Wage
sustained
EB-3
Culinary
The director denied the petition, concluding the petitioner, a commercial bakery, could not pay the proffered wage based on corporate tax re...
Ability To Pay Proffered Wage
dismissed
EB-3
Building Maintenance
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage of $40,809.60 per year from the ...
Ability To Pay Proffered Wage
dismissed
EB-3
Skilled Worker
The appeal was dismissed because a consular investigation concluded that the letter documenting the beneficiary's work experience was not va...
Beneficiary Qualifications Work Experience Validation Labor Certification Requirements
dismissed
EB-3
Film Processing
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date of the la...
Ability To Pay Beneficiary'S Qualifications
sustained
EB-3
Floor Covering
The director denied the petition, concluding the beneficiary was not qualified for the proffered position. The AAO sustained the appeal, fin...
Beneficiary'S Qualifications Meet Labor Certification Requirements Alternative Experience Requirements Documentation Of Prior Work Experience
dismissed
EB-3
Healthcare
The appeal was dismissed because the director revoked the initial approval after determining the beneficiary was not qualified. The director...
Beneficiary'S Qualifications Skilled Worker Definition Labor Certification Requirements Post-Secondary Education As Training
dismissed
EB-3
Skilled Worker
The appeal was dismissed because the petitioner withdrew it. The petitioner notified the service center that the beneficiary was no longer i...
Ability To Pay Proffered Wage
sustained
EB-3
Physical Therapy
The petition was initially denied because the director found the petitioner had not established its continuing ability to pay the proffered ...
Ability To Pay Proffered Wage
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner, a pizzeria/café, failed to demonstrate its continuing ability to pay the proffered wage of ...
Ability To Pay Proffered Wage
remanded
EB-3
Physical Therapy
The director denied the petition because the petitioner, a newly established home care firm with a net loss, failed to demonstrate its abili...
Ability To Pay Proffered Wage Schedule A Designation
dismissed
EB-3
Marble Setting
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required three years of experience as...
Beneficiary Qualifications Requisite Experience Ability To Pay Proffered Wage
sustained
EB-3
Construction
The appeal was sustained because the petitioner successfully demonstrated its continuing ability to pay the proffered wage from the priority...
Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant/Culinary
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage to the...
Ability To Pay Proffered Wage
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the requirements for a skilled worker. The dire...
Skilled Worker Definition Two Years Of Training Or Experience Labor Certification Requirements Beneficiary'S Qualifications Relevance Of Post-Secondary Education
dismissed
EB-3
Automotive Service
The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage from the priority dat...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner formally requested its withdrawal. The AAO did not review the merits of the case, noting tha...
dismissed
EB-3
Unknown
The appeal was dismissed on procedural grounds because the petitioner formally requested to withdraw it on July 20, 2006. The AAO did not ru...
dismissed
EB-3
Unknown
The appeal was rejected because it was filed untimely, 44 days after the director's decision was issued, which is beyond the 33-day filing p...
Timeliness Of Appeal Proper Party To File Appeal Motion To Reopen/Reconsider
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date....
Ability To Pay Proffered Wage
sustained
EB-3
Culinary
The director denied the petition, concluding the petitioner had not established the ability to pay the proffered wage. On appeal, the AAO co...
Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner, a restaurant, failed to establish its continuing ability to pay the beneficiary the proffer...
Ability To Pay Proffered Wage
sustained
EB-3
Leather Apparel
The director revoked the petition, finding the beneficiary lacked the requisite two years of experience as a buyer of ladies leather apparel...
Beneficiary'S Qualifying Experience Meeting The Requirements Of The Labor Certification (Form Eta 750) Submission Of Fraudulent Documents Evidence Of Experience (Letters From Former Employers/Colleagues)
dismissed
EB-3
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on March 15, 2005, requiring an appeal within 33 d...
Timeliness Of Appeal
dismissed
EB-3
Hospitality
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 Proffered Wage Net Income Net Current Assets Wages Paid To Beneficiary
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner's counsel informed the AAO of their wish to withdraw the appeal. The decision notes that the...
dismissed
EB-3
Computer Consulting
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
dismissed
EB-3
Jewelry
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage. The di...
Ability To Pay The Proffered Wage
dismissed
EB-3
Food Service
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 Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to prove the beneficiary met the required two years of experience as a cook, as stipu...
Beneficiary'S Qualifications Proof Of Required Experience
dismissed
EB-3
Restaurant
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 Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to meet the mandatory job posting requirements for a Schedule A application. The subm...
Schedule A Requirements Job Posting Notice Ability To Pay Wage Beneficiary Qualifications
dismissed
EB-3
Solar Energy
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 Proffered Wage
dismissed
EB-3
Tailoring
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date, as requi...
Ability To Pay The Proffered Wage
dismissed
EB-3
Electronics
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate its continuing ability to pay the proffered wa...
Ability To Pay Proffered Wage
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary the proffered wage. The director in...
Ability To Pay Proffered Wage Schedule A Labor Certification Professional Qualifications For Nurse
dismissed
EB-3
Tax And Financial Services
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the work experience requirements of the appro...
Beneficiary'S Qualifications Experience Documentation Ability To Pay Proffered Wage
dismissed
EB-3
Janitorial Services
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date. The fina...
Ability To Pay Proffered Wage
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualified for the skilled worker classification. Th...
Skilled Worker Definition Beneficiary Qualifications Vs. Labor Certification Relevant Post-Secondary Education As Training
dismissed
EB-3
Alteration And Shoe Repair
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate the ability to pay the proffered wage from the...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish eligibility at the time the petition was filed. The petitioner did not p...
Schedule A Labor Certification Notice Of Filing Of Application For Alien Employment Certification (Eta 750) Posting Requirements Under 20 C.F.R. § 656.20(G)
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish that the notice of filing the Application for Alien Employment Certifica...
Schedule A Labor Certification Notice Of Filing Posting Requirement (20 C.F.R. § 656.20(G))
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualified as a skilled worker. The director determi...
Skilled Worker Definition (8 C.F.R. § 204.5(L)(2)) Beneficiary'S Qualifications Requirements Of The Eta 750 Labor Certification Relevance Of Post-Secondary Education As Training
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner did not overcome the director's finding that it had failed to establish a permanent, full-ti...
Permanent Full-Time Employment Schedule A, Group I Ability To Pay Proffered Wage Posting Notice
dismissed
EB-3
Concrete Work
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage of $60,777.60 per year from the ...
Ability To Pay The Proffered Wage
remanded
EB-3
Civil Engineering
The director denied the petition, finding it was invalidated when the beneficiary changed employers under the American Competitiveness in th...
Ability To Pay Proffered Wage Beneficiary Qualifications Ac21 Portability
dismissed
EB-3
Car Wash Equipment
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 Proffered Wage Net Income Net Current Assets Depreciation
dismissed
EB-3
Fine Art Framing
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage of $25,000 per year from the prior...
Ability To Pay Proffered Wage
dismissed
EB-3
Building Maintenance
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from th...
Ability To Pay Proffered Wage
remanded
EB-3
Agriculture
The director revoked the approval of an I-140 petition, alleging the beneficiary had previously engaged in marriage fraud, which would bar t...
Ina 204(C) Marriage Fraud Bar
dismissed
EB-3
Systems Technology
The appeal was dismissed because the beneficiary did not meet the educational requirements of the labor certification. The labor certificati...
Educational Requirements Of Labor Certification Foreign Degree Equivalency Combination Of Education And Experience For Degree Equivalency
dismissed
EB-3
Asbestos Removal
The appeal was dismissed because the petitioner failed to provide evidence of its continuing ability to pay the proffered wage, such as fede...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to timely submit evidence of the beneficiary's required two years of work experience ...
Requisite Work Experience
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner, a convalescent hospital, failed to demonstrate its ability to pay the proffered wage. The d...
Ability To Pay Proffered Wage Beneficiary Qualifications Permanent Full-Time Job Offer
dismissed
EB-3
Tire Retreading
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 Proffered Wage
dismissed
EB-3
Culinary
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 Proffered Wage
sustained
EB-3
Healthcare
The director initially denied the petition, finding that the beneficiary's Bachelor's degree in Biology did not provide two years of post-se...
Skilled Worker Definition Two Years Of Training Or Experience Relevance Of Post-Secondary Education Meeting Labor Certification Requirements
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner, a restaurant operating as a sole proprietorship, failed to demonstrate a continuing ability...
Ability To Pay Proffered Wage Beneficiary'S Qualifications Required Work Experience
dismissed
EB-3
Manufacturing
The appeal was dismissed because the petitioner failed to prove it was the successor-in-interest to the original employer that filed the lab...
Successor-In-Interest
dismissed
EB-3
Mortgage Brokerage
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 Proffered Wage
remanded
EB-3
Culinary Arts
The director denied the petition because the evidence submitted did not credibly demonstrate that the beneficiary possessed the required two...
Beneficiary'S Qualifications Evidence Of Experience Labor Certification Requirements
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner, a software development firm, failed to establish its continuing ability to pay the proffere...
Ability To Pay Proffered Wage
dismissed
EB-3
Healthcare
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 Proffered Wage
remanded
EB-3
Electrician
The director denied the petition, finding that the petitioner had not established that the beneficiary possessed the requisite experience an...
Beneficiary'S Qualifications Requisite Experience Required Training And Certifications Identity Verification
dismissed
EB-3
Social Work
The appeal was dismissed because the petition was filed under the EB-3 professional category, which requires a U.S. baccalaureate degree or ...
Baccalaureate Degree Requirement For Professionals Equivalency Of Work Experience To A Degree Skilled Worker Qualifications
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the beneficiary the proffered wage from ...
Ability To Pay Proffered Wage
sustained
EB-3
Information Systems
The AAO affirmed the director's decision to approve the petition, exercising discretion to accept a photocopy of the labor certification. Th...
Classification As A Professional Substitution Of Beneficiary On A Labor Certification Requirement For An Original Labor Certification Discretionary Approval With A Photocopy Of The Labor Certification
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