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 5 of 20
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 Beneficiary'S Qualifications
dismissed
EB-3
Other Worker
The appeal was rejected because it was untimely filed. The decision was mailed, giving the petitioner 33 days to appeal, but the appeal was ...
Timely Filing Of Appeal
dismissed
EB-3
Culinary Arts
The appeal was rejected because it was improperly filed. The regulations at 8 C.F.R. § 103.3(a)(l)(iii)(B) state that the beneficiary of a v...
Standing To Appeal Improperly Filed Appeal
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish its continuing ...
Ability To Pay Proffered Wage Beneficiary'S Educational Qualifications
dismissed
EB-3
Sales Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum educational requirements of the lab...
Beneficiary'S Educational Qualifications Requirements Of Labor Certification Equivalency Of Foreign Degree Combination Of Education And Experience
sustained
EB-3
Jewelry
The director initially denied the petition, concluding that the beneficiary's documented work experience was not comparable to the duties of...
Beneficiary Qualifications Labor Certification Requirements (Eta 750) Experience Letters Job Duties Consistency
dismissed
EB-3
Healthcare
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Posting Notice Of Position Prevailing Wage Permanent Employment Offer Employer-Employee Relationship Ability To Pay Failure To State Grounds For Appeal
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 Proffered Wage
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage of $41...
Ability To Pay Proffered Wage
dismissed
EB-3
Childcare
The appeal was dismissed because the petitioner, a preschool childcare center, failed to demonstrate its continuing ability to pay the proff...
Ability To Pay Proffered Wage
remanded
EB-3
Marble Installation
The director initially denied the petition, finding the petitioner had not established its ability to pay the proffered wage. The AAO found ...
Ability To Pay Proffered Wage
dismissed
EB-3
Fashion Design
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
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
Caregiving
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
General Contractor
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
Engineering
The appeal was dismissed because the petitioner, an engineering consulting firm, failed to establish its continuing ability to pay the proff...
Ability To Pay Proffered Wage
dismissed
EB-3
Printing
The appeal was dismissed because the petitioner failed to prove the beneficiary met the required two years of experience for the position of...
Beneficiary'S Qualifications Requisite Experience
sustained
EB-3
Jewelry
The director initially denied the petition, concluding the petitioner had not established its ability to pay the proffered wage. The appeal ...
Ability To Pay Proffered Wage
dismissed
EB-3
Architecture
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
Meat Cutting
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
Construction
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
Unknown
The appeal was rejected as untimely filed. The record shows the director's decision was issued on November 12, 2004, and the appeal was rece...
Timeliness Of Appeal
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage, as required by 8 C.F...
Ability To Pay Proffered Wage
dismissed
EB-3
Network Engineering
The appeal was dismissed because the petitioner, a development and consulting services firm, failed to establish its continuing ability to p...
Ability To Pay Proffered Wage
sustained
EB-3
Bakery
The director denied the petition, finding the petitioner had not established the ability to pay the proffered wage based on negative net inc...
Ability To Pay Proffered Wage
sustained
EB-3
Household Management
The director initially denied the petition, finding the petitioning couple had not established their continuing ability to pay the proffered...
Ability To Pay Proffered Wage
dismissed
EB-3
Iron Manufacturing
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Ability To Pay Proffered Wage Failure To Identify Error On Appeal
dismissed
EB-3
General Merchandise
The appeal was dismissed because the petitioner failed to establish the continuing ability to pay the proffered wage from the priority date....
Ability To Pay The Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
General Merchandise
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
dismissed
EB-3
Shoe Repair
The appeal was dismissed because the petitioner, a sole proprietorship operating as a shoe repair shop, failed to demonstrate the ability to...
Ability To Pay The Proffered Wage
dismissed
EB-3
Dressmaking
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
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
Computer Science
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
Restaurant
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
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 Beneficiary'S Qualifications
sustained
EB-3
Painting
The appeal was sustained because the AAO, upon a de novo review, found the petitioner demonstrated the ability to pay the proffered wage sta...
Ability To Pay Proffered Wage Beneficiary Qualifications
dismissed
EB-3
Automotive Repair
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 The Proffered Wage
dismissed
EB-3
Manufacturing
The appeal was rejected because it was untimely filed. The decision was issued on November 12, 2004, and the petitioner had 33 days to appea...
Timely Filing Of Appeal
dismissed
EB-3
Architecture
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage of $44,000 per year f...
Ability To Pay Proffered Wage
sustained
EB-3
Ranching
The director denied the petition based on a perceived inability of the petitioner to pay the proffered wage. The AAO sustained the appeal, f...
Ability To Pay Proffered Wage
dismissed
EB-3
Baking
The appeal was dismissed because the petitioner failed to prove its ability to pay the proffered wage. The director denied the petition afte...
Ability To Pay Proffered Wage Skilled Worker Requirements Beneficiary'S Qualifications
sustained
EB-3
Tailoring
The petition was initially denied because the director determined the petitioner had not established a continuing ability to pay the proffer...
Ability To Pay Proffered Wage
dismissed
EB-3
Software Development
The appeal was dismissed because the beneficiary did not possess the required educational qualifications for the position as specified in th...
Baccalaureate Degree Equivalency Labor Certification Requirements Professional Qualifications Skilled Worker Qualifications
dismissed
EB-3
Car Wash Services
The director denied the petition, finding that the petitioner had not established its continuing ability to pay the beneficiary the proffere...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
sustained
EB-3
Food Service
The director denied the petition, arguing the beneficiary's work experience was invalid because it was gained without employment authorizati...
Qualifying Work Experience Meeting Labor Certification Requirements Unauthorized Employment
dismissed
EB-3
Restaurant
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 Beneficiary'S Qualifications
dismissed
EB-3
Real Estate Development
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage of $33,800 per year, starting fr...
Ability To Pay Proffered Wage
sustained
EB-3
Domestic Service
The director denied the petition, finding that the petitioner, a private individual, had not established the continuing ability to pay the p...
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
Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of qualifying expe...
Beneficiary'S Qualifications Qualifying Employment Experience Credibility Of Claimed Experience
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 Beneficiary Qualifications
dismissed
EB-3
Hospitality 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 The Proffered Wage
sustained
EB-3
Import-Export
The director denied the petition, determining that the petitioner had not established its continuing ability to pay the proffered wage. The ...
Ability To Pay Proffered Wage
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. W...
Ability To Pay Proffered Wage
sustained
EB-3
Construction
The director initially denied the petition, finding the petitioner, a sole proprietorship, failed to demonstrate the ability to pay the prof...
Ability To Pay The Proffered Wage
dismissed
EB-3
Software Engineering
The appeal was dismissed because the beneficiary did not meet the educational requirements specified in the labor certification as of the pr...
Labor Certification Requirements Beneficiary'S Qualifications Educational Equivalency Priority Date
dismissed
EB-3
Physical Therapy
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
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw the appeal on April 28, 2006. The decision is based solely on...
Withdrawal Of Appeal
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner, a convenience store, failed to demonstrate its continuing ability to pay the proffered wage...
Ability To Pay Proffered Wage
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of experience as a...
Beneficiary Qualifications Experience Documentation Credibility Foreign Language Document Translation
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 The Proffered Wage
dismissed
EB-3
Tailoring
The petitioner's net income for 2001-2003 was sufficient to pay the single beneficiary's proffered wage. However, the AAO discovered the pet...
Ability To Pay The Proffered Wage
dismissed
EB-3
Industrial Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the foreign equivalent of a U.S. bachelor...
Possession Of A U.S. Baccalaureate Degree Or Foreign Equivalent
sustained
EB-3
Bookkeeping
The director initially denied the petition because the petitioner's tax returns showed net losses, failing to demonstrate a continuing abili...
Ability To Pay Proffered Wage
sustained
EB-3
Accounting
The director initially denied the petition, concluding the beneficiary's foreign degree was not equivalent to a U.S. four-year bachelor's de...
Foreign Degree Equivalency Educational Requirements Experience Requirements
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
Physical Therapy
The appeal was dismissed because the petitioner failed to meet the regulatory requirements for a Schedule A labor certification. The directo...
Schedule A Labor Certification Notice Of Filing Requirement Timing Of Posting Content Of Notice Of Filing Evidentiary Weight Of Unsworn Declarations
dismissed
EB-3
Auto Body Repair
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 And Experience
dismissed
EB-3
Mechanical Maintenance
The motion to reopen or reconsider was rejected as improperly filed. The motion was filed by counsel for the beneficiary, but regulations pr...
Beneficiary'S Required Experience Petitioner'S Ability To Pay Standing To File Motion
dismissed
EB-3
Restaurant
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
Furniture Retail
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
sustained
EB-3
Steel Trading
The director initially denied the petition, finding that the petitioner's tax returns, which showed significant net losses and liabilities e...
Ability To Pay The Proffered Wage
remanded
EB-3
Farming
The director denied the petition because the petitioner failed to establish its continuing ability to pay the proffered wage from the priori...
Ability To Pay Proffered Wage
dismissed
EB-3
Stucco Masonry
The appeal was summarily dismissed because the appellant failed to identify any specific erroneous conclusion of law or statement of fact fr...
Ability To Pay Substitution Of Petitioner Failure To Identify Error On Appeal Ac21 Portability
dismissed
EB-3
Nursing
The director's decision to deny the petition was affirmed, and the appeal was dismissed. The petitioner, a hospital, failed to demonstrate c...
Schedule A Labor Certification Posting Notice Requirement Ability To Pay Prevailing Wage Beneficiary Qualifications
dismissed
EB-3
Machinist
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
Culinary
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 Beneficiary Qualifications
dismissed
EB-3
Tourism
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
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
dismissed
EB-3
Landscaping
The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. A...
Ability To Pay Proffered Wage Successor-In-Interest
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
sustained
EB-3
Culinary Arts
The director denied the petition, finding that the petitioner, a restaurant, had not established its continuing ability to pay the proffered...
Ability To Pay Proffered Wage
dismissed
EB-3
Caretaker
The appeal was dismissed because the petitioner, an owner of private houses, failed to establish her continuing ability to pay the proffered...
Ability To Pay Proffered Wage Permanent Full-Time Position Totality Of The Circumstances
dismissed
EB-3
Dry Cleaning
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 Successor-In-Interest
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 The Proffered Wage
dismissed
EB-3
Culinary
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 Classification As Skilled Worker Vs. Other Worker Use Of Petitioner'S Tax Returns Use Of Petitioner'S Assets Vs. Liabilities Adding Back Depreciation To Net Income
dismissed
EB-3
Roofing
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
sustained
EB-3
Culinary Arts
The director denied the petition, finding the petitioner had not established the ability to pay the proffered wage. The AAO sustained the ap...
Ability To Pay The Proffered Wage
dismissed
EB-3
Baking
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
Tennis
The appeal was remanded because the record was incomplete and confusing. The AAO could not determine the petitioner's identity or its relati...
Ability To Pay Proffered Wage Successor-In-Interest
dismissed
EB-3
Healthcare
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact a...
Posting Notice Of Position Prevailing Wage Ability To Pay Failure To State Basis For Appeal
dismissed
EB-3
Sign Making
The appeal was dismissed because the petitioner, a commercial sign company, failed to establish its ability to pay the proffered wage from t...
Ability To Pay The Proffered Wage
dismissed
EB-3
Semiconductors
The director denied the petition after determining the petitioner had not established its continuing ability to pay the proffered wage. The ...
Ability To Pay Proffered Wage
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum educational qualifications re...
Beneficiary'S Educational Qualifications Equivalency Of Education And Experience Labor Certification Requirements
sustained
EB-3
Automotive Repair
The director initially denied the petition, determining that the petitioner, a sole proprietorship, had not established a continuing ability...
Ability To Pay Proffered Wage
dismissed
EB-3
Agriculture
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage. The petitioner's tax...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was rejected because it was filed untimely. The appeal was received 48 days after the director's decision was issued, which is be...
Timeliness Of Appeal
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to demonstrate compliance with the job posting notice requirement under 20 C.F.R. § 6...
Schedule A Labor Certification Job Posting Notice Requirement
dismissed
EB-3
Unknown
The petitioner's owner submitted a letter stating that the beneficiary's employment had been terminated and that they were no longer sponsor...
Withdrawal Of Appeal
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