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 20 of 20
remanded
EB-3
Physical Therapy
The AAO determined that the petitioner did satisfy the notice of filing requirements for the Schedule A labor certification, which was the b...
Schedule A Notice Of Filing Ability To Pay Proffered Wage
dismissed
EB-3
Bookkeeping
The motion was dismissed because the new evidence submitted was insufficient to overcome numerous, unresolved inconsistencies and credibilit...
Qualifying Work Experience Credibility Of Evidence Inconsistencies In The Record Willful Misrepresentation
dismissed
EB-3
Oil And Gas Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum required experience of 96 mon...
Beneficiary'S Qualifying Experience Sufficiency Of Documentation
remanded
EB-3
Sports Training
The Director initially denied the petition because the petitioner failed to provide required initial evidence (tax returns) to establish its...
Ability To Pay
dismissed
EB-3
Garment Manufacturing
The motion to reopen was dismissed for failing to provide new facts as required. The motion to reconsider was dismissed because the petition...
Ability To Pay Proffered Wage Intent To Employ Intent To Work
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum job requirements as stated on the...
Beneficiary'S Qualifying Experience Schedule A Labor Certification Minimum Job Requirements
dismissed
EB-3
Finance
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the minimum required 12 months of work experience ...
Beneficiary'S Qualifications Required Experience Labor Certification Requirements
remanded
EB-3
Physical Therapy
The Director's decision was withdrawn because it erred in requiring the Beneficiary to have a master's degree in physical therapy. The case ...
Schedule A Labor Certification Educational Requirements Professional Licensure Prevailing Wage Determination Notice Of Filing
dismissed
EB-3
Education
The appeal was dismissed because the Beneficiary's three-year bachelor's degree from Belgium was not considered equivalent to a U.S. four-ye...
Foreign Degree Equivalency Educational Requirements Labor Certification Requirements
dismissed
EB-3
Real Estate Finance
The appeal was dismissed because the Beneficiary's prior experience as a financial analyst for a construction tools wholesaler did not inclu...
Beneficiary'S Qualifications Prior Work Experience Experience In The Job Offered Credibility Of Evidence
sustained
EB-3
Car Audio Services
The appeal was sustained because the Director improperly rejected a letter from the beneficiary's former employer. The Director argued the l...
Beneficiary'S Qualifications Labor Certification Requirements Experience With Specific Materials Evidence Submission Timing
dismissed
EB-3
Web Development
The appeal was dismissed because the petitioner sold the division in which the beneficiary worked before filing the I-140 petition. The AAO ...
Intent To Employ Bona Fide Job Offer Portability Revocation
sustained
EB-3
Nursing
The Director denied the petition, finding it was filed less than 30 days after the Notice of Filing (NOF) was removed. The AAO sustained the...
Schedule A Occupations Labor Certification Notice Of Filing (Nof) Posting Requirements 30-To-180-Day Filing Window
dismissed
EB-3
Software Engineering
The appeal was dismissed as moot. The AAO concluded that the petition was subject to automatic revocation because the original petitioning c...
Automatic Revocation Dissolution Of Petitioning Company Beneficiary Standing To Appeal Portability
dismissed
EB-3
Tailoring
The appeal was dismissed because the petitioner did not establish its intent to employ the beneficiary, the beneficiary's satisfaction of th...
Intent To Employ Beneficiary'S Qualifications Ability To Pay Material Misrepresentation
dismissed
EB-3
Healthcare
The motion to reopen was dismissed because the petitioner failed to present new facts supported by documentary evidence. The motion to recon...
Motion To Reopen Motion To Reconsider Beneficiary'S Qualifications Training And Experience Requirements
remanded
EB-3
Architecture
The Director denied the petition for failing to establish the ability to pay the proffered wage based on net income and net current assets. ...
Ability To Pay
dismissed
EB-3
Travel
The AAO dismissed the petitioner's combined motion to reopen and reconsider. The motion to reopen was dismissed because it failed to state n...
Ability To Pay Willful Concealment Of Material Facts Motion To Reopen Requirements Motion To Reconsider Requirements
remanded
EB-3
Education
The appeal was remanded because the Director's revocation decision was deemed insufficient for review. The Director failed to adequately ana...
Bona Fide Job Opportunity Labor Certification Validity Recruitment Efforts Revocation For Good And Sufficient Cause Burden Of Proof
remanded
EB-3
Bookkeeping
The decision was remanded because the Director's denial was procedurally flawed. The Director failed to acknowledge or discuss the evidence ...
Bona Fide Job Opportunity Beneficiary'S Qualifications Minimum Experience Requirements
dismissed
EB-3
Retail
The motion to reopen was dismissed because it did not state new facts as required. The motion to reconsider was dismissed because it failed ...
Ability To Pay Proffered Wage Beneficiary'S Minimum Experience Requirements Motion To Reopen Requirements Motion To Reconsider Requirements Portability Under Ina 204(J)
dismissed
EB-3
Costume Jewelry
The motion was dismissed because the petitioner failed to resolve inconsistencies in the beneficiary's claimed work experience between the l...
Beneficiary'S Qualifying Experience Ability To Pay Proffered Wage Evidentiary Inconsistencies
dismissed
EB-3
Jewelry
The motion to reopen was dismissed because the petitioner failed to present new facts and only resubmitted evidence already in the record. T...
Motion To Reopen Standards Motion To Reconsider Standards
remanded
EB-3
Nursing
The appeal was remanded because while the petitioner successfully established that the beneficiary met the minimum qualifications for the re...
Beneficiary Qualifications Ability To Pay Proffered Wage Schedule A Occupation Requirements
sustained
EB-3
Software Development
The Director denied the petition, concluding the petitioner did not demonstrate its ability to pay the proffered wage, especially considerin...
Ability To Pay Proffered Wage
remanded
EB-3
Healthcare
The Director revoked the petition's approval because they believed the Petitioner did not respond to a Notice of Intent to Revoke (NOIR) con...
Revocation For Cause Notice Of Intent To Revoke (Noir) Timely Response To Noir Fee Payment Schedule A
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The company's federal tax retur...
Ability To Pay Proffered Wage Net Income Net Current Assets Totality Of The Circumstances (Sonegawa)
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the minimum two years of required work experi...
Beneficiary'S Qualifying Work Experience
remanded
EB-3
Printing
The Director's decision to revoke the petition was withdrawn because the Notice of Intent to Revoke (NOIR) was procedurally deficient, lacki...
Intent To Employ Willful Misrepresentation Bona Fide Job Offer Adequacy Of Notice Of Intent To Revoke (Noir)
remanded
EB-3
Software Development
The appeal was remanded because the Director denied the petition based on the company's inability to pay the proffered wage, citing negative...
Ability To Pay Proffered Wage Net Income Net Current Assets Totality Of The Circumstances
sustained
EB-3
Dance
The appeal was sustained because the Director had overlooked a job requirement for an associate's degree. The AAO determined that the two-ye...
Job Requires At Least Two Years Of Training Or Experience Post-Secondary Education As Training Beneficiary Qualifications
dismissed
EB-3
Business Management
The motions to reopen and reconsider were dismissed because the prior motion was not timely filed. The beneficiary argued the delay was due ...
Timely Filing Of Motion Motion To Reopen Motion To Reconsider Reasonable Delay
dismissed
EB-3
Cosmetology
The beneficiary's combined motions to reopen and reconsider were dismissed. Although the beneficiary established standing to file the motion...
Beneficiary'S Qualifying Experience Ability To Pay Proffered Wage Intent To Employ Standing To File Motion Job Portability (Ina 204J) Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
EB-3
It Project Management
The motion to reopen was dismissed because the petitioner failed to submit new facts or evidence to overcome the previous finding. The core ...
Beneficiary Qualifications Labor Certification Requirements Experience In The Job Offered Substantially Comparable Position Alternate Occupation Experience Motion To Reopen Standards Eligibility At Time Of Filing
dismissed
EB-3
Physical Therapy
The motion to reopen was dismissed because the petitioner failed to show proper cause after its initial appeal was summarily dismissed for p...
Beneficiary'S Qualifications Licensure Requirements Timely Filing Of Appeal Brief Proper Cause For Motion To Reopen
remanded
EB-3
Landscaping
The Director revoked the previously approved petition, finding that a familial relationship between the Petitioner's owners and the Benefici...
Bona Fide Job Offer Familial Relationship Willful Misrepresentation
remanded
EB-3
Education
The Director's denial was withdrawn because the evidence showed the petitioner paid the beneficiary more than the proffered wage in the prio...
Ability To Pay Proffered Wage
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner sold its business and ceased operations before filing the I-140 petition, meaning there was ...
Bona Fide Job Offer Intent To Employ Willful Misrepresentation Revocation For Good And Sufficient Cause Job Portability (Ina 204(J))
remanded
EB-3
Senior Care
The Director denied the petition for failing to provide required evidence of the ability to pay the proffered wage. The AAO withdrew the dec...
Ability To Pay The Proffered Wage
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner did not establish the beneficiary's qualifying work experience by a preponderance of the evi...
Beneficiary'S Qualifying Experience Calculation Of Part-Time Experience Evidentiary Requirements For Experience Inconsistencies In The Record Willful Misrepresentation
remanded
EB-3
Medicine
The Director initially denied the petition because the beneficiary's experience letter did not include a description of job duties. While th...
Beneficiary Qualifications Work Experience Verification Evidence Credibility
sustained
EB-3
Education
The Director denied the petition, concluding the Beneficiary's Mexican 'Licenciatura' degree was not the equivalent of a U.S. bachelor's deg...
Foreign Degree Equivalency Labor Certification Requirements Professional Qualifications
dismissed
EB-3
Food Service Management
The motion to reopen and reconsider was dismissed because the petitioner failed to provide new, material facts or establish that the prior d...
Ability To Pay Proffered Wage Audited Financial Statements Matter Of Sonegawa Factors Motion To Reopen Motion To Reconsider
sustained
EB-3
Business Analytics
The Director denied the petition, finding the beneficiary's master's degree in Environmental Health Sciences was not related to the required...
Educational Requirements Related Field Of Study
dismissed
EB-3
Home Healthcare
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required 36 months of full-time exper...
Beneficiary'S Qualifying Experience Full-Time Nature Of Experience Evidence Of Experience (Employer Letter) Willful Misrepresentation Authenticity Of Documents
dismissed
EB-3
Accounting
The motions were dismissed because the petitioner failed to justify the untimely filing of its initial motion to reopen. The AAO affirmed th...
Motion To Reopen Requirements Motion To Reconsider Requirements Timeliness Of Motion Obligation To Update Address Proper Service Of Notice Of Intent To Revoke (Noir)
remanded
EB-3
Internet Marketing
The beneficiary successfully argued on a motion to reconsider that the petitioner maintained the requisite intent to employ him, despite the...
Intent To Employ Burden Of Proof Ability To Pay The Proffered Wage
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum experience requirement of 12 months as a coo...
Beneficiary'S Qualifying Experience Inconsistencies In The Record Misrepresentation Documentation Requirements
dismissed
EB-3
Graphic Design
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The orga...
Ability To Pay Proffered Wage Net Income Net Current Assets Officers' Foregoing Compensation Sonegawa Factors
dismissed
EB-3
Skilled Worker
The motion to reopen was dismissed because it did not state new facts, as the submitted evidence was already in the record. The motion to re...
Motion To Reopen Motion To Reconsider Ability To Pay Willful Misrepresentation
dismissed
EB-3
Bookkeeping
The motion was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of employment expe...
Beneficiary'S Qualifying Work Experience Credibility Of Evidence
dismissed
EB-3
International Trade Financing
The appeal was dismissed because the petitioner failed to prove its ability to pay the proffered wage from the priority date onwards. The pe...
Ability To Pay The Proffered Wage
dismissed
EB-3
Childcare
The appeal was dismissed because the petitioner, a limited liability company (LLC), failed to demonstrate its ability to pay the proffered w...
Ability To Pay The Proffered Wage
remanded
EB-3
Baking
The appeal was remanded because the AAO withdrew the Director's decision to revoke the petition. The AAO sent the case back for a new decisi...
Bona Fide Job Opportunity Job Open To U.S. Workers Willful Misrepresentation Timeliness Of Noir Response Prearranged Employment Signature Validity
remanded
EB-3
Meat Market
The Director dismissed the petitioner's motion, concluding it was filed at the wrong address. The AAO found that the petitioner provided evi...
Correct Filing Location For Motion Timely Filing Of Motion
dismissed
EB-3
Accounting
The motion to reopen was dismissed for failing to present new facts, and the motion to reconsider was dismissed because the petitioner did n...
Motion To Reopen Requirements Motion To Reconsider Requirements Proper Service Of Notice (Noir) Timeliness Of Motions Due Process And Property Rights In A Petition Job Portability (Ina 204(J))
remanded
EB-3
Fast Food Restaurant
The appeal was remanded because the AAO found insufficient evidence to support the Director's finding of misrepresentation regarding the lab...
Intent To Employ Misrepresentation Labor Certification Compliance Due Process Rights Equitable Estoppel Good And Sufficient Cause For Revocation
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner, an assisted living facility, failed to demonstrate its ability to pay the proffered wage. T...
Ability To Pay Proffered Wage
dismissed
EB-3
Moving Services
The appeal was dismissed because the record supported the revocation, which was based on insufficient evidence of the petitioner's intent to...
Intent To Employ Ability To Pay Willful Misrepresentation Petitioner'S Business Viability
dismissed
EB-3
Education
The appeal was dismissed because the Beneficiary did not possess the required bachelor's degree in elementary education, as unambiguously st...
Beneficiary Qualifications Labor Certification Requirements Educational Degree Requirement Field Of Study
dismissed
EB-3
Hospitality
The appeal was dismissed because the petitioner failed to provide the required initial evidence of its ability to pay the proffered wage, sp...
Ability To Pay
remanded
EB-3
Retail
The appeal was remanded because the Director erred by not issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), which i...
Beneficiary'S Qualifications Ability To Pay Proffered Wage
remanded
EB-3
Masonry
The petitioner incorrectly filed for an EB-1A (extraordinary ability) visa but submitted documentation, including a labor certification, tha...
Skilled Worker Requirements Labor Certification
Showing 1901–1963 of 1963
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