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 8 of 20
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required educational credentials as...
Educational Requirements Foreign Degree Equivalency Meeting Labor Certification Requirements
dismissed
EB-3
Masonry
The appeal was dismissed because the petitioner, a new home developer, failed to demonstrate its ability to pay the proffered wage from the ...
Ability To Pay Proffered Wage Priority Date Llc Vs Corporation Assets Request For Evidence
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage of $74,870.65 per yea...
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 to the...
Ability To Pay Proffered Wage
dismissed
EB-3
Landscape Construction
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
Culinary
The director revoked an approved I-140 petition based on a prior finding that the beneficiary had engaged in a fraudulent marriage, which is...
Marriage Fraud Bar (Ina 204(C)) Revocation On Notice (8 C.F.R. 205.2)
dismissed
EB-3
Meat Cutting
The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate its continuing ability to pay the proffered wa...
Ability To Pay Proffered Wage
dismissed
EB-3
Religion
The appeal was dismissed because the petitioner, a church, failed to demonstrate its continuing ability to pay the proffered wage from the p...
Ability To Pay Proffered Wage
dismissed
EB-3
Automotive Repair
The appeal was summarily dismissed because the petitioner failed to identify any specific error in the director's decision. The petitioner l...
Ability To Pay Proffered Wage Failure To State A Basis For Appeal
remanded
EB-3
Restaurant
The director denied the petition after determining the petitioner, a restaurant, had not established its continuing ability to pay the proff...
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 Net Income Net Current Assets
dismissed
EB-3
Software Consulting
The appeal was dismissed because the petitioner, a software consulting company, failed to establish its continuing ability to pay the proffe...
Ability To Pay Proffered Wage
dismissed
EB-3
Auto Repair
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 Beneficiary'S Qualifications Required Financial Evidence
dismissed
EB-3
Baking
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
Wholesaler
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage of $114,192.00 from t...
Ability To Pay Proffered Wage
dismissed
EB-3
Tailoring
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
Food Service
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
Software Development
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
Software Engineering
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
sustained
EB-3
Childcare
The appeal was sustained because the AAO found the evidence submitted on appeal, including third-party affidavits, sufficient to establish t...
Beneficiary'S Qualifications Ability To Pay Proffered Wage
sustained
EB-3
Construction Painting
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 The Proffered Wage
sustained
EB-3
Home Healthcare
The director denied the petition, finding the petitioner had not demonstrated that the beneficiary met the minimum experience requirements a...
Beneficiary'S Qualifications Ability To Pay Prior Experience
sustained
EB-3
Landscaping
The director denied the petition, finding that the petitioner had not established its ability to pay the proffered wage. The appeal was sust...
Ability To Pay Proffered Wage
dismissed
EB-3
Computer Science
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
sustained
EB-3
Healthcare
The director denied the petition, finding the petitioner's tax return, which showed a loss, failed to establish its ability to pay the proff...
Ability To Pay The Proffered Wage
dismissed
EB-3
Diesel Engine Repair
The appeal was dismissed because the petitioner, an industrial equipment sales firm, failed to demonstrate its continuing ability to pay the...
Ability To Pay Proffered Wage
sustained
EB-3
Restaurant
The director denied the petition, concluding that the petitioner, a restaurant, had not established its ability to pay the proffered wage. T...
Ability To Pay Proffered Wage
remanded
EB-3
Healthcare
The director denied the petition, questioning whether the petitioner was the true employer of the beneficiary and had a genuine full-time po...
Ability To Pay Proffered Wage Bona Fide Job Offer Employer-Employee Relationship Beneficiary'S Qualifications
remanded
EB-3
Household Worker
The director denied the petition for abandonment, finding the petitioner had not responded to requests for evidence. Although the appeal was...
Abandonment Response To Request For Evidence
sustained
EB-3
Retail Management
The director denied the petition after determining that the petitioner's tax returns from 2001-2003 did not show sufficient taxable income t...
Ability To Pay Proffered Wage Beneficiary Qualifications
dismissed
EB-3
International Trade
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
Restaurant
The director initially denied the petition, finding the petitioner had not established its ability to pay the proffered wage. On appeal, the...
Ability To Pay Proffered Wage Analysis Of Tax Returns Net Income Net Current Assets
dismissed
EB-3
Law
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met the specific requirements of the certified la...
Beneficiary'S Qualifications For The Proffered Position Labor Certification Requirements
dismissed
EB-3
Automotive Repair
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary the proffered wage from the priority ...
Ability To Pay The Proffered Wage
dismissed
EB-3
Not Specified
The appeal was dismissed because it was untimely filed. The petitioner's initial attempt to file was rejected for lacking a proper signature...
Timely Filing Of Appeal Proper Signature On Appeal Form
dismissed
EB-3
Unknown
The appeal was dismissed because it was filed untimely. The petitioner initially sent the appeal to the wrong office, and it was not receive...
Timeliness Of Appeal
dismissed
EB-3
Cutting Service
The appeal was dismissed because the petitioner, a cutting service operating as a sole proprietorship, failed to demonstrate a continuing ab...
Ability To Pay The 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
dismissed
EB-3
Healthcare
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
Hotel Management
The appeal was dismissed because the petitioner failed to adequately document that the beneficiary met the position's required two years of ...
Beneficiary'S Qualifications Documentation Of Experience
dismissed
EB-3
Skilled Worker
The initial petition was denied because the director determined the petitioner could not demonstrate its ability to pay the proffered wage. ...
Ability To Pay Proffered Wage
dismissed
EB-3
Accounting
The appeal was dismissed because the petitioner, a clothing and merchandise distributor operating as a sole proprietorship, failed to demons...
Ability To Pay Proffered Wage
remanded
EB-3
Retail Management
The director denied the petition, determining that the petitioner had not established a continuing ability to pay the proffered wage since t...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Bona Fide Job Offer
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
Culinary
The motion to reconsider was granted, but the previous denial was affirmed and the petition was ultimately denied. The petitioner, a restaur...
Ability To Pay Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner requested its withdrawal. The decision notes that a withdrawal may not be retracted.
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a diner, failed to demonstrate its continuing ability to pay the proffered wage. The direct...
Ability To Pay Proffered Wage
dismissed
EB-3
Healthcare
The appeal was rejected as untimely filed. The director's revocation decision was issued on April 10, 2003, and the appeal was due by April ...
Timeliness Of Appeal Treating Late Appeal As Motion
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its financial ability to pay the proffered wage from th...
Ability To Pay The Proffered Wage
dismissed
EB-3
Computer Wholesale
The motion to reopen was dismissed because the case was considered moot. The beneficiary had already obtained lawful permanent resident stat...
dismissed
EB-3
Skilled Worker/Professional
The petitioner's counsel informed the Administrative Appeals Office that the petitioner wished to withdraw the appeal. The AAO dismissed the...
Withdrawal Of Appeal
dismissed
EB-3
Unknown
The appeal was dismissed for procedural reasons, not on its merits. The petitioner, through counsel, voluntarily requested to withdraw the a...
dismissed
EB-3
Electronics Manufacturing
The appeal was dismissed because it was found to be moot. The beneficiary had already obtained lawful permanent resident status on February ...
Mootness
dismissed
EB-3
Restaurant
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The petitioner submitted conflict...
Ability To Pay The Proffered Wage
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner, a restaurant, could not demonstrate a continuing ability to pay the proffered wage. While i...
Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant Management
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 The Proffered Wage
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner, through counsel, formally requested that the appeal be withdrawn. According to regulations ...
Withdrawal Of Appeal
dismissed
EB-3
Unknown
The appeal was dismissed because the petitioner, through counsel, formally requested to withdraw it. The withdrawal was requested because th...
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 Proffered Wage
remanded
EB-3
Nursing
The director's decision was overturned and the case was remanded. The AAO found the record insufficient to determine if the petitioner compl...
Schedule A Labor Certification Posting Notice Requirements
dismissed
EB-3
Nursing
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the job opportunity notice was posted for the req...
Schedule A Labor Certification Posting Notice Requirements
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the beneficiary was found to be inadmissible under Section 204(c) of the Act due to a prior fraudulent marr...
Marriage Fraud Bar Under Ina 204(C)
dismissed
EB-3
Clothing Manufacturing
The appeal was dismissed because the petitioner, a clothing manufacturer, failed to demonstrate its continuing ability to pay the proffered ...
Ability To Pay Proffered Wage Net Income Net Current Assets
dismissed
EB-3
Restaurant
The director denied the petition because the petitioner failed to establish its ability to pay the proffered wage. The appeal was summarily ...
Ability To Pay The Proffered Wage
remanded
EB-3
Nursing
The director denied the petition, questioning the petitioner's ability to pay the proffered wage for multiple beneficiaries and whether the ...
Ability To Pay Proffered Wage Beneficiary'S Qualifications Bona Fide Job Offer
dismissed
EB-3
Software Development
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
Accounting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified for the proffered position. The direc...
Beneficiary Qualifications Educational Equivalency Experience Verification Labor Certification Requirements
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner, a retail convenience store, failed to demonstrate its continuing ability to pay the benefic...
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
sustained
EB-3
Printing
The director initially denied the petition, determining that the petitioner had not established a continuing ability to pay the proffered wa...
Ability To Pay Proffered Wage
dismissed
EB-3
Textile Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of supervisory exp...
Beneficiary'S Qualifications Ability To Pay Proffered Wage
dismissed
EB-3
Granite And Marble Fabrication
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 business, failed to demonstrate its continuing ability to pay the beneficiar...
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 Skilled Worker Requirements Beneficiary Qualifications
dismissed
EB-3
Stonemasonry
The appeal was dismissed because the petitioner, a residential and commercial contractor, failed to demonstrate its continuing ability to pa...
Ability To Pay Proffered Wage
dismissed
EB-3
Jewelry
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
sustained
EB-3
Retail Management
The initial petition was denied because the director determined the petitioner, a meat and food market, had not established its continuing a...
Ability To Pay Proffered Wage
remanded
EB-3
Nursing
The Director denied the petition, finding that the petitioner was not the beneficiary's true employer because it used a third-party staffing...
Ability To Pay Wage Beneficiary Qualifications Bona Fide Job Offer True Employer Relationship Fraud/Misrepresentation
dismissed
EB-3
Graphic Design
The petition was denied because the petitioner did not establish the ability to pay the proffered wage from the priority date onwards. The p...
Ability To Pay The Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Real Estate Development
The motions to reopen and reconsider were denied because the petitioner failed to establish the beneficiary met the educational requirements...
Beneficiary Qualifications Ability To Pay
dismissed
EB-3
Agriculture
The appeal was dismissed because the Beneficiary failed to meet the minimum requirements of the labor certification. The record did not esta...
Educational Requirements Experience Requirements Labor Certification Requirements Alternate Combination Of Education And Experience Experience Gained With Petitioner
dismissed
EB-3
Production Engineering
The appeal was dismissed because the petitioner failed to establish the existence of a bona fide job opportunity. The AAO concurred with the...
Bona Fide Job Offer Beneficiary'S Qualifications Misrepresentation On Labor Certification Alien Influence And Control Over Job Opportunity
dismissed
EB-3
Computer Programming
The motion to reopen and reconsider was denied because the petitioner failed to demonstrate its ability to pay the proffered wage. There wer...
Ability To Pay Proffered Wage Ability To Pay Multiple Beneficiaries
dismissed
EB-3
Automotive Parts
The motions to reopen and reconsider were denied because they were untimely filed. The petitioner filed the motion 34 days after the service...
Timeliness Of Motion
dismissed
EB-3
Telecommunications
The appeal was dismissed because the petitioner failed to provide sufficient evidence of the beneficiary's qualifying work experience as req...
Beneficiary'S Qualifying Experience Evidence Of Prior Employment Unavailability Of Required Documents
dismissed
EB-3
Electrical Engineering
The appeal was dismissed because the Director found the petitioner willfully misrepresented the beneficiary's ownership interest and role as...
Validity Of Labor Certification Willful Misrepresentation Ability To Pay Proffered Wage Good-Faith Recruitment
dismissed
EB-3
Accounting
The motion was partially granted, withdrawing the finding that the beneficiary lacked the required work experience. However, the petition de...
Educational Requirements (Foreign Degree Equivalency) Experience Requirements Labor Certification Compliance
dismissed
EB-3
Nursing
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner stated they would submit ...
8 C.F.R. § 103.3(A)(1)(V) (Summary Dismissal)
dismissed
EB-3
Accounting
The motion to reopen was denied because the Petitioner failed to state new facts or provide new evidence. The motion to reconsider was denie...
Bona Fide Job Offer Beneficiary'S Prior Experience Willful Misrepresentation Motion To Reopen Motion To Reconsider
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date onward. The...
Ability To Pay The Proffered Wage
dismissed
EB-3
Restaurant Management
The appeal was dismissed because the petitioner failed to resolve inconsistencies regarding the beneficiary's employment history. A prior no...
Minimum Experience Requirement Labor Certification Requirements Resolving Evidentiary Inconsistencies
dismissed
EB-3
Management Consulting
The appeal was dismissed because the Director determined that the beneficiary's degree from a German university was equivalent to only three...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements
dismissed
EB-3
Computer Science
The appeal was dismissed as moot. After the initial petition was denied, USCIS approved a separate skilled-worker petition for the same bene...
Educational Requirements Skilled Worker Classification
dismissed
EB-3
Accounting
The appeal was dismissed because the Beneficiary's credential, a membership certificate from a professional accounting association, was not ...
U.S. Baccalaureate Degree Or Foreign Equivalent Degree
remanded
EB-3
Investment Management
The appeal was remanded because the required evidence of the petitioner's ability to pay the proffered wage for 2017, the priority date year...
Ability To Pay Proffered Wage
dismissed
EB-3
Petroleum Engineering
The appeal was dismissed because the Beneficiary's three-year foreign bachelor's degree was not proven to be equivalent to a U.S. bachelor's...
Educational Requirements Foreign Degree Equivalency Labor Certification Requirements Combination Of Education And Experience
sustained
EB-3
Education
The appeal was sustained because the petitioner provided sufficient evidence on the two points of contention. The petitioner demonstrated th...
Beneficiary Qualifications Ability To Pay
sustained
EB-3
Software Engineering
The Director denied the petition, concluding the Beneficiary's degree was not in a field required by the labor certification. Upon review, t...
Educational Requirements Labor Certification Compliance Foreign Degree Equivalency
remanded
EB-3
It Consulting
The Director's decision to revoke the petition was withdrawn because the Director did not determine if the Beneficiary qualified as an 'affe...
Bona Fide Job Offer Beneficiary'S Standing To Appeal Portability Eligibility (Ac21)
remanded
EB-3
Marketing
The appeal was remanded due to procedural errors. The Director's Notice of Intent to Revoke (NOIR) was improperly issued because it was base...
Job Portability (Same Or Similar Occupation) Fraud/Misrepresentation Procedural Issues (Noir) Beneficiary'S Education Beneficiary'S Experience
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