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 4 of 20
dismissed
EB-3
Hospitality
The appeal was dismissed because the petitioner, a motel, failed to demonstrate its continuing ability to pay the proffered wage from the pr...
Ability To Pay Proffered Wage
dismissed
EB-3
Travel Agency
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
Finance
The motion to reopen was dismissed because the petitioner failed to provide new evidence to resolve the two original reasons for denial. The...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Healthcare
The director denied the petition, finding that the petitioner had not established its continuing ability to pay the proffered wage from the ...
Ability To Pay Proffered Wage
dismissed
EB-3
Accounting
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
remanded
EB-3
Healthcare
The appeal was remanded for further consideration by the service center director. The director had denied the petition based on findings tha...
Ability To Pay Proffered Wage Availability Of A Permanent, Full-Time Position Beneficiary'S Qualifications Bona Fide Job Offer
dismissed
EB-3
Stone Fabrication
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate a continuing ability to pay the beneficiary th...
Ability To Pay Proffered Wage
dismissed
EB-3
Manufacturing
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 Beneficiary'S Qualifications
dismissed
EB-3
Automotive Service
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 Beneficiary'S Qualifications
dismissed
EB-3
Dry Cleaning
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 Beneficiary'S Qualifications
dismissed
EB-3
Plumbing
The appeal was dismissed because the petitioner, a plumbing services corporation, failed to establish its continuing ability to pay the prof...
Ability To Pay The Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a corporation, failed to demonstrate its continuing ability to pay the proffered wage from ...
Ability To Pay Proffered Wage
dismissed
EB-3
Paper Supply
The appeal was dismissed because the petitioner, a paper supplier, failed to establish its continuing ability to pay the proffered wage of $...
Ability To Pay Proffered Wage
dismissed
EB-3
Wood Floor Installation
The appeal was dismissed because the beneficiary had previously sought an immigration benefit based on a fraudulent marriage. The director d...
Section 204(C) Marriage Fraud Bar
dismissed
EB-3
Restaurant
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
Medicine
The appeal was rejected as improperly filed. The decision states that the appeal was filed by the beneficiary's attorney, but regulations sp...
Standing To Appeal Improperly Filed Appeal Sham Marriage
sustained
EB-3
Barbering
The initial approval was revoked after an investigation suggested the petitioner paid employees on a commission basis, making the salaried j...
Ability To Pay Proffered Wage Validity Of Job Offer Revocation Of Petition
sustained
EB-3
Information Technology
The director initially denied the petition, concluding the petitioner had not demonstrated a continuing ability to pay the proffered wage. T...
Ability To Pay The Proffered Wage
sustained
EB-3
Computer Science
The Director revoked the petition, suspecting fraud because the beneficiary's actual wages were lower than the proffered wage before his adj...
Intent To Employ Under Terms Of Labor Certification Proffered Wage Payment Fraud Or Material Misrepresentation Revocation Of An Approved Petition
sustained
EB-3
Dentistry
The director initially denied the petition, finding the evidence submitted to verify the beneficiary's past employment was insufficient. The...
Qualifying Work Experience Documentation Of Experience Requirements Of The Labor Certification
sustained
EB-3
Computer Science
The appeal was sustained because the AAO found that the petitioner demonstrated a continuing ability to pay the proffered wage. An analysis ...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Manufacturing
The motion to reopen was granted, but the previous decisions were affirmed and the petition was ultimately denied. The petitioner, a hat man...
Ability To Pay Proffered Wage
dismissed
EB-3
Skilled Worker/Professional
The motion to reopen or reconsider was rejected because it was untimely filed. The motion was received 64 days after the previous AAO decisi...
Timeliness Of Motion To Reopen/Reconsider
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to prove the beneficiary met the required qualifications for the position of carpente...
Beneficiary'S Qualifications Proof Of Required Training Proof Of Required Experience Evidence Of Prior Employment
dismissed
EB-3
Baking
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the required work experience as of the priority...
Beneficiary'S Qualifications Prior Work Experience Credibility Of Evidence Education Requirements
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a medical staffing service, failed to properly post the job notice. The director determined...
Schedule A Labor Certification Posting Notice Requirement Location Of Employment 20 C.F.R. 656.10 20 C.F.R. 656.20(G)
dismissed
EB-3
Restaurant
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
Bakery
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage. The wages paid to the previous ...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Substituted Beneficiary Requirements
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner, a construction company operating as a sole proprietorship, failed to demonstrate its contin...
Ability To Pay Proffered Wage
remanded
EB-3
Unknown
The appeal was remanded on procedural grounds. The petitioner's counsel stated that they never received the director's denial decision. Cons...
Ability To Pay Proffered Wage
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 Qualifications Labor Certification Requirements Beneficiary'S Education And Training
dismissed
EB-3
Barbering
The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage of $31,200 annually f...
Ability To Pay The Proffered Wage
remanded
EB-3
Information Technology
The director denied the petition, concluding that the beneficiary's three-year Indian bachelor's degree combined with a two-year master's de...
Educational Equivalency Foreign Degree Evaluation Labor Certification Requirements
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. In accordance with regulations, th...
dismissed
EB-3
Restaurant
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Successor-In-Interest Failure To Identify Specific Error On Appeal
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the educational qualifications required by th...
Beneficiary'S Qualifications Educational Requirements Foreign Degree Equivalency
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum experience requirement of two years...
Beneficiary'S Requisite Experience Evidence Of Prior Employment Labor Certification Requirements
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner filed the I-140 petition using a labor certification that was certified for a different empl...
Successor-In-Interest Valid Labor Certification Ability To Pay
dismissed
EB-3
Baking
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of experience as a...
Beneficiary'S Qualifications Evidence Of Experience Labor Certification Requirements
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the experience requirements of the labor cert...
Beneficiary'S Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was rejected as untimely filed. The director's decision was issued on July 15, 2005, giving the petitioner 33 days to appeal, but...
Timely Filing Of Appeal
remanded
EB-3
Farming
The appeal was rejected as untimely because it was initially submitted with an incorrect filing fee and the resubmission with the correct fe...
Ability To Pay Proffered Wage Timely Filing Of Appeal
dismissed
EB-3
Health Care
The appeal was summarily dismissed because the petitioner failed to identify any specific error of law or fact in the original decision as r...
Failure To Respond To Rfe Failure To State Basis For Appeal Schedule A Labor Certification
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner failed to overcome the director's finding that it had not established its continuing ability...
Ability To Pay Proffered Wage Permanent Full-Time Position
dismissed
EB-3
Locksmith
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date of April ...
Ability To Pay Proffered Wage
dismissed
EB-3
Manufacturing
The appeal was dismissed because the petitioner failed to establish that it was the successor-in-interest to the original company that filed...
Successor-In-Interest Ability To Pay Material Change In Job Offer
dismissed
EB-3
Welding
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
dismissed
EB-3
Beauty Services
The appeal was dismissed, and the director's revocation of the petition was affirmed. Evidence, including a signed statement and a videotape...
Marriage Fraud (Ina 204(C))
remanded
EB-3
Culinary
The director initially denied the petition, finding that the petitioner failed to demonstrate the ability to pay the beneficiary the proffer...
Ability To Pay The Proffered Wage
dismissed
EB-3
E-Business
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage. The petitioner's tax r...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The motion to reconsider was granted, but the previous decision to dismiss the appeal was affirmed. The petitioner failed to demonstrate its...
Ability To Pay Proffered Wage
dismissed
EB-3
Martial Arts
The appeal was dismissed because the petitioner, a martial arts academy, failed to demonstrate its continuing ability to pay the proffered w...
Ability To Pay Proffered Wage
dismissed
EB-3
Printing
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
Instrument Restoration
The appeal was dismissed because the petitioner, a vintage instruments restoration firm, failed to demonstrate its continuing ability to pay...
Ability To Pay Proffered Wage
sustained
EB-3
Nursing
The director denied the petition because the beneficiary lacked an unrestricted nursing license in the state of intended employment as of th...
Schedule A, Group I For Professional Nurses Cgfns Certificate Unrestricted State License Nclex-Rn Examination Eligibility As Of Priority Date Temporary License Vs Permanent License Social Security Number Requirement
sustained
EB-3
Digital Printing And Graphic Design
The director revoked a previously approved petition, finding the petitioner failed to establish a continuing ability to pay the proffered wa...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to prove that the beneficiary had the requisite two years of experience as a specialt...
Beneficiary'S Qualifying Experience Documentation Of Prior Employment
dismissed
EB-3
Dentistry
The appeal was dismissed because the petitioner failed to adequately document that the beneficiary possessed the required two years of quali...
Qualifying Work Experience Evidence Of Employment (Letters) Experience Prior To Priority Date
remanded
EB-3
Culinary
The case was remanded for further investigation and a new decision. The director's denial was based on the petitioner's inability to pay the...
Ability To Pay Proffered Wage
dismissed
EB-3
Optical Sales
The appeal was dismissed because the petitioner, an optical sales firm, failed to demonstrate its continuing financial ability to pay the pr...
Ability To Pay Proffered Wage
dismissed
EB-3
Horse Training
The appeal was dismissed because the petitioner failed to prove that the beneficiary possessed the required four years of work experience as...
Qualifying Work Experience Documentation Of Experience
dismissed
EB-3
Construction
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 establish its continuing ability to pay the proffered wage from the priority date....
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed because it was untimely filed. The appeal was received by CIS 35 days after the director's decision was issued, exc...
Timeliness Of Appeal
dismissed
EB-3
Painting
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
Physical Therapy
The appeal was dismissed because the petitioner failed to provide the required evidence for a Schedule A physical therapist petition. The di...
Schedule A, Group I For Physical Therapists State Licensing Eligibility Letter Possession Of State License Baccalaureate Degree Requirement Notice Of Filing Requirements
dismissed
EB-3
Physical Therapy
The appeal was dismissed because the petitioner failed to provide the required evidence at the time of filing. Specifically, there was no le...
Schedule A Labor Certification State Licensing Eligibility Professional Qualifications (Baccalaureate Degree) Notice Of Filing Requirements
dismissed
EB-3
Home Based Education
The appeal was dismissed because the petitioner, a household, failed to demonstrate a continuing ability to pay the beneficiary the proffere...
Ability To Pay Proffered Wage Beneficiary'S Qualifications Realistic Job Offer Good And Sufficient Cause For Revocation
dismissed
EB-3
Unknown
The appeal was rejected because it was filed untimely. The petitioner had 33 days to file the appeal after the decision was mailed, but the ...
Timely Filing Of Appeal
dismissed
EB-3
Healthcare
The director's decision to deny the petition was affirmed. The petitioner, a skilled nursing hospital, failed to demonstrate its continuing ...
Ability To Pay Proffered Wage Actual Employer / Bona Fide Job Offer Beneficiary Qualifications
sustained
EB-3
Retail Management
The petition was initially denied and the appeal dismissed because the evidence did not clearly establish that the beneficiary had the six m...
Meeting Labor Certification Requirements Evidence Of Required Training
dismissed
EB-3
Culinary
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
dismissed
EB-3
Business Consulting
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or identify any specific erroneous conclusions ...
Ability To Pay Proffered Wage Summary Dismissal
dismissed
EB-3
Garment Manufacturing
The appeal was dismissed after the AAO reopened the matter and found evidence that the petitioning company was dissolved. The petitioner fai...
Ability To Pay Proffered Wage Bona Fide Job Offer Petitioner'S Operational Status
dismissed
EB-3
Physical Therapy
The appeal was dismissed because the director determined the petitioner failed to establish its continuing financial ability to pay the prof...
Ability To Pay Proffered Wage Schedule A Qualification Licensing For Physical Therapist
dismissed
EB-3
Electrician
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
Unknown
The appeal was dismissed based on a formal request for withdrawal submitted by the petitioner's counsel. The AAO noted that the withdrawal m...
dismissed
EB-3
Automotive
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
Mechanical Engineering
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
Construction
The appeal was dismissed because the petitioner, a residential construction firm, failed to demonstrate its continuing ability to pay the pr...
Ability To Pay Proffered Wage
dismissed
EB-3
Film Production
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage of $42,000 per year, st...
Ability To Pay Proffered Wage
dismissed
EB-3
Telecommunications
The motion to reopen was granted, but the AAO affirmed its previous decision and dismissed the petition. The petitioner failed to establish ...
Ability To Pay Proffered Wage
dismissed
EB-3
Child Monitor/Housekeeper
The director revoked the petition, originally approved in error, after determining the petitioner failed to establish a continuing ability t...
Ability To Pay Proffered Wage Revocation For Good And Sufficient Cause Ac21 Portability / Job Flexibility
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary the proffered wage. The AA...
Ability To Pay The Proffered Wage
remanded
EB-3
Hvac Maintenance
The director denied the petition because the petitioner failed to provide required financial evidence demonstrating its ability to pay the p...
Ability To Pay Proffered Wage
remanded
EB-3
Culinary
The director denied the petition for failure to establish the ability to pay the proffered wage from the priority date. The AAO remanded the...
Ability To Pay Proffered Wage
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required one year of work experience ...
Beneficiary Qualifications Ability To Pay Proper Petitioner
dismissed
EB-3
Hospitality
The appeal was dismissed because the petitioner, a motel, failed to demonstrate its continuing ability to pay the beneficiary the proffered ...
Ability To Pay Proffered Wage
dismissed
EB-3
Home Care
The appeal was dismissed because the petitioner, a private individual, failed to establish the continuing ability to pay the proffered wage ...
Ability To Pay Proffered Wage
dismissed
EB-3
Music
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 Qualifications
sustained
EB-3
Medicine
The director denied the petition because the petitioner failed to submit requested financial evidence to establish its ability to pay the pr...
Ability To Pay Proffered Wage Schedule A Requirements For Professional Nurses Net Income Analysis Prior Wages Paid To Beneficiary
dismissed
EB-3
Restaurant
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
Healthcare Administration
The appeal was dismissed because the petitioner failed to prove the beneficiary met the four years of experience required by the labor certi...
Beneficiary'S Qualifying Work Experience Sufficiency Of Evidence Labor Certification Requirements
dismissed
EB-3
Manufacturing
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
sustained
EB-3
Culinary Arts
The director denied the petition, finding that the petitioner's tax returns did not demonstrate sufficient net income to pay the proffered w...
Ability To Pay The Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Software Consulting
The appeal was dismissed because the U.S. Department of Labor found the petitioner had failed to follow legal requirements or misrepresented...
Ability To Pay Proffered Wage Statutory Bar To Approval Due To Department Of Labor Findings
dismissed
EB-3
Software Consulting
The appeal was dismissed because the U.S. Department of Labor investigated the petitioner and found it had failed to follow legal requiremen...
Ability To Pay Proffered Wage Department Of Labor Debarment
dismissed
EB-3
Funeral Services
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 Beneficiary'S Qualifications
sustained
EB-3
Nursing
The director initially denied the petition because the evidence of the job posting (notice of filing) was deficient and did not contain all ...
Schedule A Labor Certification Notice Of Filing Requirements Job Posting Content Nurse Licensing/Certification
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date. The dire...
Ability To Pay Proffered Wage Valid U.S. Employer
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