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 6 of 20
dismissed
EB-3
Healthcare
The initial petition was denied based on a finding that the beneficiary had previously entered into a fraudulent marriage to obtain immigrat...
Marriage Fraud Bar (Ina 204(C)) Failure To State Basis For Appeal (8 C.F.R. 103.3(A)(1)(V))
remanded
EB-3
Nursing
The director denied the petition because the evidence showed the beneficiary's state nursing license was issued after the petition's priorit...
Schedule A, Group I Qualifications Priority Date Eligibility State Nursing License Nclex-Rn Examination
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
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
Culinary Arts
The appeal was summarily dismissed because the underlying petition was denied due to a finding that the beneficiary had previously engaged i...
Fraudulent Marriage Bar (Ina 204(C)) Failure To State Basis For Appeal
dismissed
EB-3
Culinary Arts
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
Martial 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 The Proffered Wage
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the specific educational requirements of the ...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date. The petiti...
Ability To Pay Proffered Wage
sustained
EB-3
Culinary
The director initially denied the petition because the petitioner's tax return showed a net income loss, suggesting an inability to pay the ...
Ability To Pay Proffered Wage
dismissed
EB-3
Education
The appeal was dismissed because the petitioner did not establish that the beneficiary met the minimum educational requirements of the offer...
Beneficiary Qualifications Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
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
Skilled Worker
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or any new evidence. Counsel did not specifical...
Petitioner'S Identity Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Software Engineering
The appeal was dismissed because the beneficiary changed jobs before the I-140 petition was approved. The director determined this meant the...
Ability To Pay Proffered Wage Bona Fide Job Offer Ac21 Portability
dismissed
EB-3
Nursing
The appeal was rejected because it was not filed within the time allowed. The director's decision was issued on September 30, 2004, but the ...
Timely Filing Of Appeal
dismissed
EB-3
Nursing
The appeal was rejected as improperly filed because it was not submitted within the allowed timeframe. The director issued the notice of dec...
Timely Filing Of Appeal
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner, a convenience store and gas station, failed to demonstrate its ability to pay the proffered...
Ability To Pay The Proffered Wage
dismissed
EB-3
Skilled Worker
The initial petition was denied because the director determined the petitioner had not established its ability to pay the proffered wage. Th...
Ability To Pay Proffered Wage Failure To Submit Evidence On Appeal
sustained
EB-3
Healthcare
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary possessed the requisite three months of exper...
Beneficiary'S Qualifications Requisite Experience Labor Certification Requirements Evidence Of Prior Employment Inconsistencies In The Record
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a medical staffing agency, failed to properly post the job notice as required by regulation...
Schedule A Labor Certification Job Posting Notice Requirements
dismissed
EB-3
Dentistry
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
Jewelry
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the requisite four years of experience as...
Beneficiary'S Requisite Experience Compliance With Labor Certification Requirements
dismissed
EB-3
Unknown
The appeal was rejected primarily because the Administrative Appeals Office (AAO) lacks jurisdiction over petitions denied due to the absenc...
Labor Certification Jurisdiction Standing To Appeal
sustained
EB-3
Venture Capital
The director initially denied the petition, finding the petitioner had not established the ability to pay the proffered wage, particularly n...
Ability To Pay Proffered Wage
dismissed
EB-3
Wholesale Trade
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
Dentistry
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onward. T...
Ability To Pay Proffered Wage Beneficiary Qualifications
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 Beneficiary'S Qualifications
dismissed
EB-3
Floor Installation
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 Requisite Experience
dismissed
EB-3
Vocational Training
The appeal was dismissed because the petitioner, a vocational training school, failed to demonstrate its continuing ability to pay the proff...
Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant
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
Electrical Contracting
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
Food Service
The director denied the petition, concluding that the petitioner had not established its ability to pay the proffered wage from the priority...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner's counsel requested to withdraw the appeal before the AAO...
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the notice of filing the Application for Alien Em...
Schedule A Labor Certification Notice Of Posting Requirements
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a medical staffing service, failed to post the required job notice at the actual place of e...
Schedule A Labor Certification Job Posting Notice Requirements Location Of Employment Eligibility At Time Of Filing
dismissed
EB-3
Cosmetology
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
Nursing
The appeal was dismissed because the petitioner, a traveling nurse staffing agency, failed to specify the beneficiary's intended area of emp...
Schedule A Labor Certification Area Of Intended Employment Prevailing Wage Ability To Pay
remanded
EB-3
Culinary Arts
The appeal was remanded because the evidence submitted to prove the beneficiary's required two years of experience was inconsistent and prob...
Beneficiary'S Qualifying Experience Labor Certification Requirements Credibility Of Evidence Bona Fide Job Offer
dismissed
EB-3
Baking
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
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner, a Japanese restaurant structured as a sole proprietorship, failed to demonstrate its contin...
Ability To Pay Proffered Wage
dismissed
EB-3
Stone Manufacturing
The appeal was dismissed because the petitioner failed to consistently demonstrate its ability to pay the proffered wage from the priority d...
Ability To Pay Proffered Wage
dismissed
EB-3
Marketing
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 summarily dismissed on procedural grounds. Counsel for the petitioner failed to identify any specific erroneous conclusion of...
Ability To Pay Proffered Wage Procedural Grounds For Summary Dismissal
sustained
EB-3
Culinary Arts
The director denied the petition, finding the petitioner had not established the ability to pay the proffered wage from the priority date on...
Ability To Pay Proffered Wage
dismissed
EB-3
Skilled Worker
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or evidence to support the appeal after indicat...
Ability To Pay Procedural Grounds For Summary Dismissal
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
Warehousing
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
Skilled Worker
The appeal was dismissed on procedural grounds, not on its merits. The petitioner voluntarily requested that the appeal be withdrawn, and th...
Withdrawal Of Appeal
dismissed
EB-3
Housekeeper
The appeal was dismissed because the petitioner, a private individual, failed to demonstrate a continuing ability to pay the proffered wage ...
Ability To Pay Proffered Wage Priority Date
dismissed
EB-3
Religious Studies
The appeal was dismissed because the petitioner, a school, failed to demonstrate its continuing ability to pay the proffered wage from the p...
Ability To Pay Proffered Wage
dismissed
EB-3
Retail
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Ability To Pay Procedural Grounds For Appeal
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 The Proffered Wage
dismissed
EB-3
Health Care
The appeal was dismissed because the petitioner failed to meet the prevailing wage requirement for the proffered position. The director foun...
Prevailing Wage Requirement Schedule A Labor Certification Notice Of Filing Posting Requirements
remanded
EB-3
Culinary Arts
The director revoked the approval of the I-140 petition based on a prior finding of marriage fraud related to a previously filed I-130 petit...
Marriage Fraud (204(C) Bar) Ability To Pay
remanded
EB-3
Architecture
The director denied the petition after determining the petitioner, an architecture firm, failed to demonstrate a continuing ability to pay t...
Ability To Pay The Proffered Wage
dismissed
EB-3
Floral 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 The Proffered Wage
dismissed
EB-3
Culinary
The appeal was rejected on procedural grounds, not on the merits of the case. Regulations prohibit the beneficiary of a visa petition from f...
Standing To Appeal Improper Filing By Beneficiary
dismissed
EB-3
Dry Cleaning
The appeal was dismissed because the petitioner failed to provide credible evidence that the beneficiary met the required one year of work e...
Beneficiary'S Qualifications Prior Work Experience
dismissed
EB-3
Baking
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
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
Culinary
The appeal was rejected on procedural grounds because it was filed by the beneficiary, not the petitioner. Under federal regulations, a bene...
Improper Filing By Beneficiary Ability To Pay
dismissed
EB-3
Culinary Arts
The appeal was rejected because it was improperly filed. Regulations at 8 C.F.R. § 103.3(a)(l)(iii)(B) prohibit a beneficiary of a visa peti...
Ability To Pay Proffered Wage Proper Filing Of Appeal By Petitioner
dismissed
EB-3
Software Development
The appeal was dismissed because the beneficiary did not possess the foreign equivalent of a single United States bachelor's degree as requi...
Foreign Degree Equivalency Combination Of Degrees Labor Certification Requirements Professional Classification
dismissed
EB-3
Culinary
The appeal was rejected because it was improperly filed by the beneficiary of the visa petition. Per regulations, the beneficiary of a visa ...
Ability To Pay Proffered Wage Standing To Appeal
dismissed
EB-3
Unknown
The appeal was dismissed based on a formal withdrawal request from the petitioner. The decision notes that the withdrawal may not be retract...
dismissed
EB-3
Machine Repair
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
Housekeeping
The appeal was dismissed because the petitioner, a retirement home, failed to demonstrate its continuing ability to pay the proffered wage f...
Ability To Pay Proffered Wage
dismissed
EB-3
Automotive
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage. The pe...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner formally requested its withdrawal. The AAO processed this request and dismissed the case acc...
dismissed
EB-3
Law
The appeal was dismissed because the petitioner, a law office operating as a sole proprietorship, failed to demonstrate its continuing abili...
Ability To Pay Proffered Wage
dismissed
EB-3
Metal Fabrication
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage. The petitioner's net i...
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. T...
Ability To Pay Proffered Wage
dismissed
EB-3
Computer Science
The appeal was dismissed because the beneficiary's degrees in Microbiology did not meet the labor certification's requirement for a Bachelor...
Possession Of Required Degree Foreign Degree Equivalency Field Of Study Combination Of Education And Experience
dismissed
EB-3
Skilled Worker
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel stated an intent to submit a brief and evidence but faile...
Ability To Pay Proffered Wage Failure To Identify Erroneous Conclusion Of Law Or Fact Failure To Submit Brief Or Evidence
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage of $114,469.30 from the...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary Arts
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
Food Service
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage starting from the prior...
Ability To Pay Proffered Wage
remanded
EB-3
Home Attendant
The AAO found that the petitioner, a private household, demonstrated the ability to pay the proffered wage for 2001 and 2003 based on their ...
Ability To Pay Proffered Wage
dismissed
EB-3
Computer Hardware
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage starting from the prior...
Ability To Pay Proffered Wage
sustained
EB-3
Manufacturing
The director denied the petition because the petitioner's corporate tax returns showed significant net losses for 2001, 2002, and 2003, fail...
Ability To Pay Proffered Wage
sustained
EB-3
Construction
The director initially denied the petition, concluding that the petitioner had not demonstrated the ability to pay the proffered wage. The a...
Ability To Pay Proffered Wage Net Income Net Current Assets Totality Of The Circumstances
sustained
EB-3
Floor Sanding
The director denied the petition after determining the petitioner had not established the continuing ability to pay the proffered wage. The ...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
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 The Proffered Wage
dismissed
EB-3
Landscaping
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The AAO found that for the year...
Ability To Pay The Proffered Wage
dismissed
EB-3
Dry Cleaning
The appeal was dismissed because the petitioner, a dry cleaning company, failed to establish its continuing ability to pay the beneficiary t...
Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant Industry
The director denied the petition after determining the petitioner, a restaurant, had not established a continuing ability to pay the proffer...
Ability To Pay Proffered Wage
dismissed
EB-3
Physical Therapy
The appeal was dismissed because the petitioner failed to demonstrate compliance with the regulatory requirements for posting the notice of ...
Notice Of Filing Posting For 10 Consecutive Business Days Documentation Of Posting Timing Of Posting In-House Media Publication
dismissed
EB-3
Travel Agency
The appeal was dismissed because the petitioner, a travel agency, failed to demonstrate its continuing ability to pay the beneficiary the pr...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner, a nursing facility, failed to resolve significant discrepancies regarding its identity as t...
Ability To Pay Proffered Wage Petitioner'S Identity As Employer
dismissed
EB-3
Jewelry
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate a continuing ability to pay the proffered wage...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
remanded
EB-3
Construction
The director denied the petition after determining the petitioner had not established its continuing ability to pay the beneficiary the prof...
Ability To Pay Proffered Wage
dismissed
EB-3
Unskilled Labor
The appeal was dismissed because the petitioner requested to withdraw the appeal before a decision was rendered. Per regulation, a withdrawa...
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner, through counsel, requested that the appeal be withdrawn. Per 8 C.F.R. § 103.2(b)(6), a with...
Withdrawal Of Appeal
dismissed
EB-3
Skilled Worker
The initial petition was revoked because the petitioner failed to establish a continuing ability to pay the proffered wage and because docum...
Ability To Pay Proffered Wage Beneficiary'S Qualifications Fraudulent Documents Procedural Grounds For Summary Dismissal
dismissed
EB-3
Tree Surgery
The appeal was dismissed because the petitioner failed to submit evidence of the beneficiary's required two years of work experience in resp...
Beneficiary'S Qualifying Work Experience
dismissed
EB-3
Tree Maintenance
The appeal was dismissed because the petitioner failed to submit evidence of the beneficiary's required two years of work experience in resp...
Beneficiary'S Qualifying Work Experience
remanded
EB-3
Food Retail
The director denied the petition, finding the petitioner failed to establish its continuing ability to pay the proffered wage based on its n...
Ability To Pay Proffered Wage
dismissed
EB-3
Information Technology
The appeal was dismissed because the beneficiary did not possess a U.S. bachelor's degree or a foreign equivalent, which was a requirement o...
Educational Requirements Foreign Degree Equivalency Combination Of Education And Experience Labor Certification Requirements
dismissed
EB-3
Retail
The AAO found the petitioner did establish its ability to pay the proffered wage for 2001 and 2002, withdrawing that part of the director's ...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Janitorial Services
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
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