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 3 of 20
dismissed
EB-3
Plumbing
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 Beneficiary Experience Requirements
dismissed
EB-3
Culinary
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
Auto Mechanics
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
remanded
EB-3
Healthcare
The appeal was remanded because the director failed to consider a sworn affidavit that established the beneficiary met the three-month exper...
Beneficiary'S Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Flooring Installation
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
Software Engineering
The appeal was dismissed because the beneficiary did not meet the specific educational requirements listed on the certified labor applicatio...
Educational Requirements Professional Qualifications Skilled Worker Qualifications Labor Certification Requirements
dismissed
EB-3
Retail
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 Beneficiary'S Qualifications Successor In Interest
dismissed
EB-3
Recycling
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum experience requirements as stated o...
Beneficiary'S Qualifications Experience Requirements Education Requirements Labor Certification Compliance
dismissed
EB-3
Automobile Service
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date. A review...
Ability To Pay Proffered Wage Net Income Net Current Assets
dismissed
EB-3
Construction
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
Recreational Therapy
The director denied the petition, finding that the beneficiary's nursing degree was not relevant post-secondary education for the position o...
Skilled Worker Definition Relevant Post-Secondary Education Meeting Labor Certification Requirements
dismissed
EB-3
Computer Science
The appeal was previously dismissed, and the petitioner filed a motion to reopen. The petitioner then withdrew this motion. Consequently, th...
Ability To Pay Proffered Wage Labor Certification
dismissed
EB-3
Culinary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of l...
Ability To Pay Failure To Identify Error On Appeal
dismissed
EB-3
Garment Manufacturing
The appeal was dismissed. Although the AAO found that the petitioner qualified as a U.S. employer, overturning one basis for denial, the dis...
U.S. Employer Status Ability To Pay Proffered Wage Beneficiary Qualifications
dismissed
EB-3
Textile Design
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
Culinary Arts
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the beneficiary's proffered...
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 Net Income Net Current Assets
dismissed
EB-3
Domestic Help
The appeal was dismissed because the petitioner had previously made a written statement to an immigration officer that he would not employ t...
Bona Fide Job Offer Intent To Employ Ability To Pay Wage Beneficiary Qualifications
dismissed
EB-3
Cosmetology
The appeal was dismissed because the petitioner, a sole proprietorship hair salon, failed to establish its continuing ability to pay the ben...
Ability To Pay The Proffered Wage
dismissed
EB-3
Tailoring
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
Construction
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
Real Estate Management
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
Construction
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
Industrial Machinery Repair
The initial petition was denied as abandoned because the petitioner failed to respond to a Request for Evidence (RFE). The AAO rejected the ...
Denial Due To Abandonment Failure To Respond To Rfe Jurisdiction
dismissed
EB-3
Residential Care
The appeal was dismissed because the petitioner, a board and care home, failed to demonstrate its ability to pay the beneficiary the proffer...
Ability To Pay Proffered Wage Analysis Of Tax Returns (Form 990-Ez) Net Income/Profitability Matter Of Sonegawa Precedent Wages Already Paid To Beneficiary Sufficiency Of Bank Statements As Evidence
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner voluntarily requested to withdraw the appeal on October 19, 2006. As the appeal was withdraw...
dismissed
EB-3
Automobile Repair
The director denied the petition because the petitioner failed to provide sufficient evidence of the beneficiary's required two years of wor...
Beneficiary'S Qualifying Work Experience
dismissed
EB-3
Stone Fabrication
The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum requirement of two years of experience as a ...
Skilled Worker (2 Years Experience) Labor Certification Requirements Evidence Of Qualifying Experience (Letters From Employers) Priority Date Qualification
dismissed
EB-3
Agronomy
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the beneficiary the proffered wage from the priorit...
Ability To Pay The Proffered Wage
dismissed
EB-3
Unknown
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or evidence for over 16 months after filing the...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Baking
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. An analy...
Ability To Pay The Proffered Wage
remanded
EB-3
Beauty Salon
The director's decision to revoke the petition was withdrawn because the director failed to follow proper procedure by not issuing a Notice ...
Revocation Procedure Notice Of Intent To Revoke Marriage Fraud (Section 204(C))
dismissed
EB-3
Culinary
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
Nursing
The appeal was dismissed because the petitioner failed to overcome the director's initial findings. The director determined that the evidenc...
Ability To Pay Notice Of Filing Requirement Beneficiary Qualifications (Schedule A) Cgfns Examination Or State Licensure
dismissed
EB-3
Computer Consulting
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage of $85,000 from the pri...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed because it was not filed within the required 33-day period following the director's decision. The initial motion wa...
Timeliness Of Appeal
sustained
EB-3
Grinding
The director denied the petition, concluding that the petitioner had not established its continuing ability to pay the proffered wage. The A...
Ability To Pay Proffered Wage
dismissed
EB-3
Skilled Worker
The appeal was summarily dismissed on procedural grounds because the petitioner's counsel failed to submit a brief or any additional evidenc...
Ability To Pay Proffered Wage Beneficiary Qualifications Failure To Submit Brief/Evidence On Appeal
dismissed
EB-3
Apparel Sales
The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage. The director also de...
Ability To Pay Beneficiary'S Educational Qualifications
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a restaurant, failed to establish its continuing ability to pay the proffered wage from the...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Microcomputer Support
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
dismissed
EB-3
Skilled Worker
The appeal was dismissed because it was filed untimely. The petitioner filed the appeal 49 days after the director's decision was issued, wh...
Timeliness Of Appeal
dismissed
EB-3
Religion
The appeal was dismissed because the petitioner, a church, failed to establish its continuing ability to pay the proffered wage from the pri...
Ability To Pay Proffered Wage Labor Certification Terms
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the proffered wage from the...
Ability To Pay Proffered Wage
dismissed
EB-3
Industrial Demolition
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Ability To Pay Summary Dismissal For Failure To Identify Error
dismissed
EB-3
Telecommunications
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
dismissed
EB-3
Luggage Repair And Shipping
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
Auto Repair
The appeal was dismissed because the petitioner, an auto repair company, failed to demonstrate its ability to pay the proffered wage startin...
Ability To Pay Proffered Wage
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
Elderly Care
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the requisite qualifications as stated on...
Beneficiary'S Qualifications Proof Of Experience Proof Of Education Ability To Pay Proffered Wage
remanded
EB-3
Restaurant
The director revoked an approved petition, finding the petitioner had not established that the beneficiary had the required two years of exp...
Beneficiary'S Qualifications Prior Work Experience Standard Of Proof
sustained
EB-3
Records And Information Management
The director denied the petition because the petitioner's net income and net current assets were insufficient to cover the proffered wage. T...
Ability To Pay The Proffered Wage
dismissed
EB-3
Gas Station Operations
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the requisite work experience as stated o...
Beneficiary'S Qualifications Required Work Experience Evidence Of Prior Experience Ability To Pay Proffered Wage
sustained
EB-3
Dentistry
The director denied the petition, determining that the petitioner had not established its continuing ability to pay the proffered wage start...
Ability To Pay The Proffered Wage
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage from t...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a Chinese restaurant, failed to demonstrate its continuing ability to pay the beneficiary t...
Ability To Pay Proffered Wage
dismissed
EB-3
Beauty Salon
The appeal was dismissed because the petitioner, a beauty salon, failed to establish its continuing ability to pay the beneficiary the proff...
Ability To Pay Proffered Wage
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 The Proffered Wage
dismissed
EB-3
Food Service
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
Culinary Arts
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
Rug Repair
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
dismissed
EB-3
Bakery
The appeal was dismissed because the petitioner, a bakery, failed to demonstrate its continuing ability to pay the beneficiary the proffered...
Ability To Pay Proffered Wage
remanded
EB-3
Software Consulting
The case was remanded because the director adjudicated the petition using the wrong labor certification. The petitioner intended to use an e...
Educational Credentials Labor Certification Requirements Priority Date Transfer
dismissed
EB-3
Culinary Arts
The initial petition was denied because the petitioner failed to establish its ability to pay the proffered wage to the beneficiary and othe...
Ability To Pay Proffered Wage Procedural Grounds For Summary Dismissal
dismissed
EB-3
Culinary Arts
The appeal was dismissed because it was rendered moot. After the initial denial and subsequent appeal, another immigrant visa petition for t...
Ability To Pay Proffered Wage Mootness
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner, a commercial construction company operating as a sole proprietorship, failed to demonstrate...
Ability To Pay Proffered Wage
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner, a construction company, failed to prove its ability to pay the proffered wage for a softwar...
Ability To Pay The Proffered Wage
dismissed
EB-3
Unknown
The appeal was rejected because it was improperly filed. The individual who filed the appeal was not an attorney or accredited representativ...
Improperly Filed Appeal Authorized Representation Affected Party Section 204(C) Marriage Fraud Bar
dismissed
EB-3
Restaurant
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
dismissed
EB-3
Developmental Disability Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary qualified as a skilled worker. The director had rev...
Skilled Worker Classification Labor Certification Requirements Relevance Of Post-Secondary Education As Training
dismissed
EB-3
Marble Design
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 The Proffered Wage
dismissed
EB-3
Auto Repair
The appeal was dismissed because the petitioner failed to demonstrate its continuing financial ability to pay the proffered wage from the pr...
Ability To Pay Proffered Wage
remanded
EB-3
Culinary
The director denied the petition, finding the petitioner had not established the ability to pay the proffered wage based on its 2001 tax ret...
Ability To Pay Proffered Wage
dismissed
EB-3
Fashion Manufacturing
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
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner, a restaurant, failed to establish its ability to pay the proffered wage of $13,645. The pet...
Ability To Pay Proffered Wage Net Income Net Current Assets Wages Paid To Beneficiary Priority Date
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to submit the required approved Form ETA 750, Application for Alien Employment Certif...
Labor Certification
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage. The petitioner's tax...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary Arts
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
Upholstery And Furniture
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
Education
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 Beneficiary'S Qualifications
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner, a computer consulting company, failed to demonstrate its continuing ability to pay the prof...
Ability To Pay Proffered Wage
dismissed
EB-3
Masonry
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 The Proffered Wage
remanded
EB-3
Software Development
The case was remanded because although the petitioner submitted new evidence of work experience on appeal, the AAO identified new deficienci...
Work Experience Labor Certification Requirements Educational Requirements
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the beneficiary the proffer...
Ability To Pay Proffered Wage
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner, a construction company, failed to demonstrate its continuing ability to pay the proffered w...
Ability To Pay The Proffered Wage
dismissed
EB-3
Construction
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 The Proffered Wage
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The petitioner refused...
Ability To Pay Proffered Wage
dismissed
EB-3
Beauty Salon
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the required two years of experience for the po...
Prior Work Experience Documentation Of Experience Matching Job Duties Language Fluency
dismissed
EB-3
Upholstery
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage. The director found, and the AAO...
Ability To Pay Proffered Wage
dismissed
EB-3
Masonry
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 The Proffered Wage
dismissed
EB-3
Mechanical Engineering
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
Automobile Repair
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 Proffered Wage
dismissed
EB-3
Religious Education
The appeal was dismissed because the petitioner, a church, failed to establish its continuing ability to pay the proffered wage from the pri...
Ability To Pay Proffered Wage
dismissed
EB-3
Painting
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
Culinary
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the beneficiary the proff...
Ability To Pay Proffered Wage
dismissed
EB-3
Baking
The appeal was dismissed because the petitioner, a bakery, failed to establish its continuing ability to pay the proffered wage of $41,371.2...
Ability To Pay The Proffered Wage
dismissed
EB-3
Landscaping
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
Construction
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
Healthcare
The director denied the petition, questioning whether the petitioner was the true employer and if a full-time position was genuinely availab...
Ability To Pay Proffered Wage Bona Fide Job Offer Employer-Employee Relationship
dismissed
EB-3
Caregiver
The appeal was dismissed because an overseas investigation failed to verify the beneficiary's required prior work experience as a caregiver....
Prior Work Experience Veracity Of Evidence
Turn these precedents into a draft
MeritDraft uses real AAO decisions to help attorneys and self-petitioners draft stronger O-1 and NIW arguments faster.
Start Free Trial →