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 7 of 20
dismissed
EB-3
Software Consulting
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required U.S. Bachelor's degree or ...
Possession Of Baccalaureate Degree Foreign Degree Equivalency
sustained
EB-3
Manufacturing
The director denied the petition, finding that the petitioner did not establish a continuing ability to pay the proffered wage based on the ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Stonework
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The evid...
Ability To Pay The Proffered Wage
dismissed
EB-3
Clothing Design
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage beginning on the priori...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, an Italian restaurant, failed to demonstrate a continuing ability to pay the beneficiary th...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The petitioner's counsel informed the Administrative Appeals Office that the petitioner wished to withdraw the appeal. Consequently, the AAO...
dismissed
EB-3
Software Development
The appeal was rejected on procedural grounds because it was improperly filed. Regulations prohibit a beneficiary, or a representative actin...
Ability To Pay Proffered Wage Standing To Appeal
dismissed
EB-3
Welding
The appeal was dismissed because the petitioner, an iron workshop, failed to establish its continuing ability to pay the proffered wage to t...
Ability To Pay Proffered Wage
dismissed
EB-3
Culinary
The appeal was summarily dismissed because the original petition was denied due to abandonment after the petitioner failed to respond to a N...
Failure To Respond To Noid Abandonment Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed for procedural reasons, not on the merits of the case. The petitioner submitted a request to withdraw the appeal, a...
Withdrawal Of Appeal
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner filed a request to withdraw the appeal. As this withdrawal may not be retracted, the appeal ...
dismissed
EB-3
Carpentry
The appeal was dismissed because the petitioner, a sole proprietorship flooring company, failed to demonstrate its continuing ability to pay...
Ability To Pay Proffered Wage
dismissed
EB-3
Skilled Worker
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after filing the appeal. The petit...
Beneficiary Experience Requirements Failure To Submit Brief/Evidence On Appeal
dismissed
EB-3
Roofing
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onwards, ...
Ability To Pay Proffered Wage
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required education for the position. ...
Beneficiary Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Skilled Worker
The appeal was rejected because it was filed untimely. The appeal was received 34 days after the decision was issued, exceeding the 33-day f...
Timely Filing Of Appeal
dismissed
EB-3
Automotive Restoration
The appeal was dismissed because the petitioner failed to demonstrate its financial ability to pay the proffered wage from the priority date...
Ability To Pay Proffered Wage Beneficiary'S Educational Credentials
dismissed
EB-3
Construction
The director denied the petition due to abandonment after the petitioner failed to respond to a Notice of Intent to Deny. The AAO rejected t...
Denial Due To Abandonment Improper Appeal
sustained
EB-3
Landscaping
The director denied the petition due to contradictions regarding the beneficiary's weekly hours worked in a prior position (40 hours claimed...
Experience Requirement From Labor Certification Documentation Of Prior Experience Typographical Error On Eta 750 Discrepancy In Hours Worked
dismissed
EB-3
Cook
The appeal was dismissed because the petition was not accompanied by a required Form ETA 750, Application for Alien Employment Certification...
Labor Certification Requirement Transfer Of Labor Certification Successor-In-Interest
sustained
EB-3
Nursing
The initial petition and subsequent appeal were denied because the petitioner failed to provide evidence of the required job posting notice ...
Schedule A, Group I Eligibility Notice Of Filing/Posting Requirements
remanded
EB-3
Jewelry
The director denied the petition because the petitioner, a sole proprietorship, failed to demonstrate the ability to pay the proffered wage,...
Ability To Pay Proffered Wage
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner, a construction firm, failed to demonstrate its continuing ability to pay the proffered wage...
Ability To Pay Proffered Wage
dismissed
EB-3
Health Care
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
Healthcare
The appeal was dismissed because the director's decision to deny was affirmed. The petitioner, a healthcare recruiter, failed to establish t...
Actual Employer Relationship Permanent Job Offer Ability To Pay Schedule A Requirements
sustained
EB-3
Plumbing
The director initially denied the petition, concluding the petitioner failed to demonstrate the ability to pay the proffered wage based on i...
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 The Proffered Wage
dismissed
EB-3
Computer Consulting
The appeal was rejected on procedural grounds, not on its merits. The petitioner failed to file the appeal with the correct office that made...
Ability To Pay Proper Filing Of Appeal
dismissed
EB-3
Healthcare
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 Proffered Wage Beneficiary'S Qualifications
sustained
EB-3
Accounting
The director denied the petition, concluding the petitioner failed to establish its ability to pay the proffered wage based on an analysis o...
Ability To Pay The Proffered Wage
dismissed
EB-3
Physical Therapy
The appeal was summarily dismissed because the petitioner failed to identify a specific error of law or fact in the director's decision, as ...
Schedule A Labor Certification Notice Of Filing Compliance (20 C.F.R. 656.20(G)) Failure To Identify Error On Appeal Ability To Pay
dismissed
EB-3
Automotive Mechanic
The appeal was dismissed because the petitioner, a gas and service station, failed to demonstrate its ability to pay the proffered wage of $...
Ability To Pay Proffered Wage Net Income Net Current Assets
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. The peti...
Ability To Pay Proffered Wage
dismissed
EB-3
Masonry
The director initially denied the petition because the petitioner failed to submit evidence documenting the beneficiary's required two years...
Beneficiary'S Work Experience Failure To Provide Evidence On Appeal
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its ability to pay the proffered wage from the priority...
Ability To Pay Proffered Wage
dismissed
EB-3
Paint And Wallpaper Sales
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate its ability to pay the proffered wage from the...
Ability To Pay Proffered Wage
dismissed
EB-3
Food Manufacturing
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
Automotive Service
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Ability To Pay Proffered Wage
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner, a floor construction company, failed to demonstrate its continuing ability to pay the proff...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner, a retail dollar store, failed to establish its continuing ability to pay the proffered wage...
Ability To Pay Proffered Wage Existence Of A Bona Fide Job Offer
dismissed
EB-3
Industrial Design
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
Food Service
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary met the two-year management experience requir...
Beneficiary'S Qualifying Work Experience Documentation Of Work Experience
sustained
EB-3
Food Service
The director denied the petition, citing a discrepancy in the beneficiary's work history and finding the evidence of self-employment insuffi...
Beneficiary'S Qualifying Experience Evidence Of Experience Per 8 C.F.R. § 204.5(G)(1) Alternative Documentation For Self-Employment Meeting Requirements As Of The Priority Date Labor Certification Requirements
dismissed
EB-3
Painting
The appeal was dismissed because the petitioner, a painting company, failed to demonstrate its ability to pay the proffered wage from the pr...
Ability To Pay The Proffered Wage
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage of $49,691.20 annually,...
Ability To Pay Proffered Wage
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 Beneficiary'S Work Experience
remanded
EB-3
Culinary Arts
The director initially denied the petition, concluding the petitioner lacked the ability to pay the proffered wage based on an erroneous ana...
Ability To Pay Proffered Wage
dismissed
EB-3
Healthcare
The petitioner's motion to reconsider was rejected because it was untimely. The motion was filed after the 30-day regulatory deadline follow...
Ability To Pay Proffered Wage Timeliness Of Motion To Reconsider
remanded
EB-3
Wholesale Trade
The appeal was filed after the 33-day deadline, rendering it untimely. The AAO determined that an untimely appeal that meets the requirement...
Ability To Pay Proffered Wage Timeliness Of Appeal
dismissed
EB-3
Auto Service
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
remanded
EB-3
Culinary
The director denied the petition, finding the petitioner had not established its continuing ability to pay the proffered wage from the prior...
Ability To Pay Proffered Wage
dismissed
EB-3
Automotive Repair
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
Nursing Care
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
Jewelry
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
sustained
EB-3
Culinary
The director denied the petition, concluding the petitioner had not established its ability to pay the proffered wage because its liabilitie...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner submitted a request to withdraw the appeal. Per regulation, a withdrawal may not be retracte...
Withdrawal Of Appeal
dismissed
EB-3
Maintenance Mechanic
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 Processing
The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage. The AAO determined that the pet...
Ability To Pay Proffered Wage
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the position on the filing date o...
Schedule A Qualifications For Nurses Cgfns Examination State Nursing License Nclex-Rn Examination Qualifications As Of Priority Date
dismissed
EB-3
Newspaper Editor
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
Mortgage Brokerage
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required two years of qualifying em...
Beneficiary Qualifications Labor Certification Requirements Experience Documentation Priority Date Qualifications
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met all the requirements listed on the labor cert...
Beneficiary Qualifications Ability To Pay
dismissed
EB-3
Unskilled Labor
The appeal was rejected because it was filed untimely. The director's decision was issued on December 3, 2004, and the appeal was received o...
Timely Filing Of Appeal
dismissed
EB-3
Unskilled Worker
The appeal was rejected because it was filed untimely. The appeal was received by USCIS 36 days after the director's decision was issued, wh...
Timely Filing Of Appeal
sustained
EB-3
Childcare
The director denied the petition, finding that the petitioner, a private household, did not demonstrate the continuing ability to pay the pr...
Ability To Pay
dismissed
EB-3
Unknown
The appeal was dismissed as untimely filed. The appeal was received by USCIS 36 days after the director's decision was issued, exceeding the...
Timeliness Of Appeal
dismissed
EB-3
Unknown
The motion to reopen was rejected because it was filed untimely. The motion was received 37 days after the decision was issued, which is bey...
Timely Filing Of Motion Ability To Pay Proffered Wage
dismissed
EB-3
Skilled Worker/Professional
The appeal was rejected because it was untimely filed. The appeal was received 40 days after the decision was issued, which exceeded the 33-...
Timely Filing Of Appeal
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a nursing home, failed to establish its continuing ability to pay the beneficiary the proff...
Ability To Pay Proffered Wage
dismissed
EB-3
Information Management
The appeal was dismissed because the beneficiary did not meet the educational requirements of the associated labor certification as of the p...
Labor Certification Requirements Foreign Degree Equivalency Combination Of Education And Experience
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required work experience as specified...
Beneficiary'S Work Experience Beneficiary'S Education Compliance With Labor Certification (Form Eta 750) Requirements Skilled Worker Requirements Professional Requirements
remanded
EB-3
Restaurant
The petition was initially denied because the petitioner, a restaurant, failed to demonstrate its ability to pay the proffered wage for a co...
Ability To Pay Proffered Wage Evidence Of Financial Standing (Tax Returns) Priority Date
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 Beneficiary Qualifications
dismissed
EB-3
International Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary had the required four years of qualifying employmen...
Beneficiary'S Qualifications Bona Fide Job Offer
dismissed
EB-3
Jewelry Retail
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The director's decisio...
Ability To Pay Proffered Wage
dismissed
EB-3
Painting Services
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage of $49,500. An analysis...
Ability To Pay The Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Furniture Manufacturing
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
Unknown
The appeal was dismissed because the petitioner formally withdrew it. On September 26, 2006, the petitioner's counsel informed the Administr...
dismissed
EB-3
Alteration Tailor
The appeal was dismissed because the petitioner, a dry cleaning company, failed to demonstrate its continuing ability to pay the proffered w...
Ability To Pay Proffered Wage
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
sustained
EB-3
Marketing
The director initially denied the petition, concluding the petitioner had not proven the beneficiary possessed the required two years of exp...
Beneficiary'S Requisite Experience Petitioner'S Physical Presence
dismissed
EB-3
Internet Development
The appeal was dismissed because the petitioner, an Internet development company, failed to establish its continuing ability to pay the prof...
Ability To Pay Proffered Wage
sustained
EB-3
Jewelry
The director denied the petition, concluding that the petitioner had not established it was a valid successor-in-interest to the original en...
Successor-In-Interest Ability To Pay
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to prove that the beneficiary met the minimum educational requirements of the labor c...
Educational Requirements Foreign Degree Equivalency Meeting Labor Certification Requirements Professional Vs Skilled Worker Classification
dismissed
EB-3
Civil Engineering
The petition was denied because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage, startin...
Ability To Pay The Proffered Wage
sustained
EB-3
Law
The petition was initially denied because the director determined the petitioner had not established that the beneficiary was qualified for ...
Beneficiary'S Qualifications Labor Certification Requirements Evidence Of Work Experience
dismissed
EB-3
Healthcare
The appeal was dismissed because the petitioner, a healthcare contractor firm, failed to prove its continuing ability to pay the proffered w...
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 proffered wage from the priority date....
Ability To Pay Proffered Wage
remanded
EB-3
Nursing
The director denied the petition after determining the petitioner, a skilled nursing home, had not established its continuing ability to pay...
Ability To Pay Proffered Wage
sustained
EB-3
Retail Management
The director initially denied the petition, finding the petitioner had not established the ability to pay the proffered wage based on its 20...
Ability To Pay Proffered Wage Net Income Net Current Assets Beneficiary Qualifications
dismissed
EB-3
Culinary
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Ability To Pay Proffered Wage Procedural Grounds For Appeal
dismissed
EB-3
Automotive 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 The Proffered Wage
sustained
EB-3
Roofing
The appeal was sustained because the petitioner submitted additional financial evidence on appeal, specifically its corporate income tax ret...
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 The Proffered Wage
remanded
EB-3
Jewelry
The director initially denied the petition, concluding that the petitioner had not established that the beneficiary met the experience requi...
Beneficiary'S Qualifying Experience Labor Certification Requirements
dismissed
EB-3
Social Services
The appeal was dismissed because the petitioner, a sole proprietorship operating a residential treatment center, failed to demonstrate a con...
Ability To Pay Proffered Wage
dismissed
EB-3
Asbestos Removal
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
Clothing Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the requisite two years of experience as ...
Beneficiary'S Qualifications Required Work Experience Evidence Of Prior Employment Priority Date
dismissed
EB-3
Furniture Restoration
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
Garment Manufacturing
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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