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 9 of 20
remanded
EB-3
Network Administration
The appeal was remanded because the Director did not determine if the Beneficiary was an 'affected party' with standing to appeal the petiti...
Beneficiary Standing To Appeal Portability Under Section 204(J) Affected Party Status Educational Requirements
dismissed
EB-3
Business Analysis
The appeal was dismissed because the petitioner failed to establish that the beneficiary's three-year foreign degree was equivalent to a U.S...
Educational Requirements Foreign Degree Equivalency
remanded
EB-3
Procurement
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was procedurally deficient. The NOIR failed to articulate t...
Skilled Worker Classification Beneficiary'S Requisite Experience Proper Issuance Of Noir
dismissed
EB-3
Marina Services
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage by not submitting the required evi...
Ability To Pay Proffered Wage Beneficiary'S Educational Qualifications
dismissed
EB-3
Bookkeeping
The appeal was dismissed because the Petitioner failed to resolve significant inconsistencies in the Beneficiary's claimed employment histor...
Beneficiary'S Qualifying Experience Labor Certification Requirements
dismissed
EB-3
Quality Assurance Engineering
The motion to reopen was denied because the petitioner did not state new facts supported by documentary evidence. The motion to reconsider w...
Beneficiary'S Qualifications Required Experience Bona Fide Job Offer Credibility Of Evidence Motion To Reopen Motion To Reconsider
remanded
EB-3
Information Technology
The Director incorrectly denied the petition by adjudicating it under the standards for an advanced degree professional (EB-2) instead of th...
Labor Certification Requirements Educational Requirements Skilled Worker Classification
sustained
EB-3
Engineering
The appeal was sustained because the AAO found that the beneficiary's foreign degree, contrary to the Director's initial finding, was equiva...
Professional Classification U.S. Baccalaureate Degree Equivalency
dismissed
EB-3
Health Care
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage for the beneficiary. The petitio...
Ability To Pay Proffered Wage Net Income Net Current Assets Combined Wages For Multiple Petitions
dismissed
EB-3
Hospitality Management
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
Systems Administration
The Director denied the petition, concluding the Beneficiary did not possess the required degree in an acceptable field of study for the pos...
Possession Of Required Degree Foreign Degree Equivalency Acceptable Field Of Study
remanded
EB-3
Radio Broadcasting
The case was remanded because the Director denied the petition for failure to prove the ability to pay the proffered wage. The AAO determine...
Ability To Pay Proffered Wage
dismissed
EB-3
Restaurant Management
The motions to reopen and reconsider were denied because the petitioner failed to resolve two key issues. First, the accompanying labor cert...
Labor Certification Validity Bachelor'S Degree Requirement Ability To Pay The Proffered Wage
dismissed
EB-3
Adoption Services
The motion to reconsider was denied, upholding the prior decision to revoke the petition. The AAO found the petitioner willfully misrepresen...
Invalidation Of Labor Certification Willful Misrepresentation Bona Fides Of Job Offer Beneficiary Ownership Ability To Pay Beneficiary Qualifications
dismissed
EB-3
Finance
The appeal was dismissed because the beneficiary's qualifications did not meet the plain language of the job requirements stated on the labo...
Beneficiary'S Educational Qualifications Labor Certification Requirements Foreign Degree Equivalency Experience As Educational Equivalent
dismissed
EB-3
Finance
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish itself as a successor in interest to the ...
Successor In Interest Labor Certification Validity Beneficiary'S Qualifying Experience
dismissed
EB-3
Information Technology
The appeal was summarily dismissed because the Petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
8 C.F.R. § 103.3(A)(1)(V)
dismissed
EB-3
Fashion Design
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's claimed work exper...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay Misrepresentation On Prior Visa Application Validity Of Labor Certification
dismissed
EB-3
Information Technology
The appeal was dismissed because the Beneficiary failed to establish they met the minimum educational requirements specified on the labor ce...
Beneficiary'S Qualifications Labor Certification Educational Requirements
remanded
EB-3
Culinary
The appeal was remanded because the Director's Notice of Intent to Revoke (NOIR) was procedurally deficient. The NOIR did not specify the di...
Beneficiary'S Required Experience Nature Of Beneficiary'S Experience Beneficiary'S Required Education Petitioner'S Ability To Pay The Proffered Wage
dismissed
EB-3
Agriculture
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
EB-3
Law
The motion to reopen and reconsider was denied because the petitioner failed to establish a continuing ability to pay the proffered wage. An...
Ability To Pay Proffered Wage
sustained
EB-3
Nursing
The Director denied the petition, finding the prevailing wage determination (PWD) was invalid as it did not match the job requirements on th...
Prevailing Wage Determination (Pwd) Schedule A Requirements For Professional Nurse Form Eta 9089 Requirements
dismissed
EB-3
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum experience required by the la...
Beneficiary'S Qualifying Experience Documentation Of Experience From Prior Employers Experience Gained With The Petitioning Employer Educational Degree Equivalency For Experience
sustained
EB-3
Automotive
The appeal was sustained because the AAO found that the petitioner's submission was properly signed and that the record established the bene...
Validity Of Signature On Submission Beneficiary'S Possession Of Minimum Required Experience
dismissed
EB-3
Audiology
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage. The petitioner's 201...
Ability To Pay Proffered Wage
dismissed
EB-3
Information Technology
The appeal was dismissed because the petitioner did not demonstrate that the beneficiary met the minimum experience requirements for the off...
Minimum Experience Required Labor Certification Requirements Qualifying Work Experience
sustained
EB-3
Nursing
The Director denied the petition because the provided Prevailing Wage Determination (PWD) was deemed invalid, as it did not precisely match ...
Prevailing Wage Determination (Pwd) Form Eta 9089 Schedule A Occupation
sustained
EB-3
Nursing
The Director denied the petition, finding that the provided prevailing wage determination (PWD) was invalid because it did not exactly match...
Prevailing Wage Determination (Pwd) Schedule A Occupation Form Eta 9089 Job Requirements
dismissed
EB-3
Landscaping
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The AAO determined that the pet...
Ability To Pay The Proffered Wage
sustained
EB-3
Healthcare
The appeal was sustained because the Service Center made a fundamental error in reading the petitioner's financial statements. The Service f...
Ability To Pay Proffered Wage
sustained
EB-3
Healthcare
The appeal was sustained because the petitioner successfully argued that the Service Center misread its financial statements. The Service fa...
Ability To Pay Proffered Wage
dismissed
EB-3
Meat Distribution
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies in the record regarding the beneficiary's clai...
Beneficiary'S Required Experience Qualifying Nature Of Experience Ability To Pay Proffered Wage Inconsistencies In Submitted Evidence
remanded
EB-3
Food Service
The appeal was remanded because of a procedural error. The AAO found that USCIS revoked the petition's approval without first issuing a Noti...
Bona Fide Job Offer Labor Certification Validity Notice Of Intent To Revoke (Noir)
dismissed
EB-3
Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the minimum two years of required work ex...
Beneficiary'S Possession Of Minimum Experience Requirements Credibility Of Evidence Inconsistencies In Documentation
sustained
EB-3
Technology Services
The appeal was sustained because the petitioner, on a motion to reconsider, submitted additional evidence that established its continuing ab...
Ability To Pay Proffered Wage
dismissed
EB-3
Business Operations
The motions to reopen and reconsider were denied, upholding the original dismissal. The decision was based on the petitioner's failure to pr...
Bachelor'S Degree Equivalency Foreign Degree Evaluation H-1B Vs Eb-3 Educational Requirements
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 Petitioner'S Ability To Pay Certified Translations Of Foreign Documents
dismissed
EB-3
Accounting
The appeal was dismissed because the beneficiary's qualifications did not meet the strict requirements of the labor certification. Although ...
Possession Of A U.S. Bachelor'S Degree Or A Foreign Equivalent Degree Definition Of A Bachelor'S Degree Under 8 C.F.R. § 204.5(L)(3)(Ii)(C) Job Requirements Listed On The Labor Certification Evaluation Of Foreign Educational Credentials Whether Professional Certificates Constitute A 'Degree' From A 'College Or University'
remanded
EB-3
Food Service
The appeal was remanded due to a procedural error. The Director revoked the petition's approval after the Beneficiary had already adjusted h...
Bona Fides Of Job Opportunity Beneficiary'S Minimum Experience Revocation After Adjustment Of Status
remanded
EB-3
Insurance
The case was remanded because the petitioner's required financial evidence for the year of filing (2017) was not yet available at the time o...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
dismissed
EB-3
Construction
The appeal was dismissed as moot. The petitioner's only contention was that the petition should have been considered under the skilled worke...
Professional Classification Skilled Worker Classification
dismissed
EB-3
Construction Management
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirements. The labor certification and the EB-3 pro...
U.S. Baccalaureate Degree Or Foreign Equivalent Labor Certification Requirements Combination Of Education And Experience
dismissed
EB-3
Computer Science
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required U.S. bachelor's degree equiv...
Beneficiary'S Educational Qualifications Foreign Degree Equivalency Job Requirements As Per Labor Certification
dismissed
EB-3
Culinary
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the beneficiary's claimed work exper...
Qualifying Work Experience Misrepresentation Of Material Fact
dismissed
EB-3
Retail
The appeal was dismissed because the petitioner failed to prove the beneficiary possessed the required two years of experience as a retail m...
Beneficiary'S Qualifying Experience Labor Certification Requirements Fraudulent Documents Willful Misrepresentation
dismissed
EB-3
Computer Science
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirement as stated in the labor certification. The ...
Educational Requirements Foreign Degree Equivalency Alternate Combination Of Education And Experience Labor Certification Requirements
remanded
EB-3
Software Development
The AAO disagreed with the Director's original analysis regarding the beneficiary's education and experience. However, it found that numerou...
Work Experience Educational Requirements Willful Misrepresentation Labor Certification Validity
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum experience requirements as stated o...
Beneficiary'S Qualifications Minimum Experience Requirement Labor Certification
dismissed
EB-3
Computer Science
The appeal was dismissed because the beneficiary did not meet the minimum educational requirement of the labor certification. The beneficiar...
Educational Requirements Experience Requirements Labor Certification Requirements Foreign Degree Equivalency Combination Of Education And Experience
dismissed
EB-3
Automotive Parts
The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The petitioner did not...
Ability To Pay Proffered Wage Beneficiary'S Qualifications
dismissed
EB-3
Culinary Arts
The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required two years of experience as a...
Beneficiary'S Qualifying Work Experience Inconsistencies In Evidence Material Misrepresentation
sustained
EB-3
Medical Research
The appeal was sustained because the petitioner overcame the initial grounds for denial. The Director had found the beneficiary's foreign de...
Educational Requirements Ability To Pay Proffered Wage
dismissed
EB-3
Computer Science
The appeal was dismissed because the Beneficiary did not meet the minimum educational requirement specified in the labor certification, whic...
Educational Requirements Foreign Degree Equivalency Combination Of Education And Experience Labor Certification Requirements Kellogg Language Interpretation
remanded
EB-3
Dry Cleaning
The appeal was remanded because while the petitioner successfully demonstrated its ability to pay the proffered wage, which was the basis fo...
Ability To Pay Proffered Wage Bona Fide Job Opportunity
dismissed
EB-3
Education
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary possessed the required two years of experience in...
Beneficiary'S Qualifications Required Experience Ability To Pay
dismissed
EB-3
Retail Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary met the required two years of experience as of the ...
Beneficiary'S Qualifying Experience Credibility Of Submitted Evidence Full-Time, Permanent Employment Fraud And Willful Misrepresentation
remanded
EB-3
Healthcare
The appeal was remanded because required evidence for the petitioner's ability to pay the proffered wage during the priority date year was n...
Ability To Pay Proffered Wage Labor Certification Notice Of Filing Ability To Pay Combined Wages
dismissed
EB-3
Construction
The appeal was dismissed because the petitioner failed to prove that the beneficiary met the minimum requirement of two years of experience ...
Beneficiary'S Qualifications Prior Work Experience Job Requirements Credibility Of Evidence Educational Equivalence
dismissed
EB-3
Dental Technology
The appeal was dismissed because the original petitioning company terminated its business during the appeal's pendency. A new corporation cl...
Successor In Interest Valid Labor Certification Beneficiary'S Qualifications Ability To Pay
remanded
EB-3
Online Gaming
The AAO found the petitioner successfully demonstrated its ability to pay the proffered wage, reversing the director's initial reason for de...
Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience
remanded
EB-3
Computer Science
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO found that the Director failed to first dete...
Beneficiary As Affected Party Portability Under Section 204(J) Revocation Proceedings Willful Misrepresentation
dismissed
EB-3
Domestic Services
The appeal was dismissed as moot because the petitioner, a private individual, passed away after the petition was filed. Since a deceased in...
Bona Fides Of The Job Offer Beneficiary'S Qualifying Experience Petitioner'S Ability To Employ Petitioner'S Death
sustained
EB-3
Advertising
The Director initially denied the petition because the record did not contain a valid prevailing wage determination (PWD) to support the lab...
Prevailing Wage Determination (Pwd) Labor Certification
sustained
EB-3
Information Technology Consulting
The Director initially denied the petition because evidence of the petitioner's ability to pay for the year of the priority date was not yet...
Ability To Pay The Proffered Wage
dismissed
EB-3
Religious Administration
The motion to reopen was denied because the petitioner failed to provide new facts as required by regulation. The submitted evidence was fou...
Motion To Reopen Requirements Submission Of New Facts
dismissed
EB-3
Gymnastics
The appeal was dismissed because the Beneficiary failed to demonstrate possession of a U.S. bachelor's degree or its foreign equivalent, a k...
Foreign Degree Equivalency Educational Requirements For Professional Classification
dismissed
EB-3
Software Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary's bachelor of science degree from Pakistan was the ...
Foreign Degree Equivalency Educational Requirements For Professional Classification
dismissed
EB-3
Furniture Making
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
Electrical Engineering
The appeal was dismissed because the job offer on the labor certification did not strictly require a bachelor's degree, instead allowing for...
Professional Position Requirements (Bachelor'S Degree Minimum) Beneficiary'S Educational Qualifications Labor Certification Requirements Equivalency Of Education And Experience
sustained
EB-3
Culinary Arts
The appeal was sustained because the Director's revocation was improper. The Director invalidated the labor certification without a specific...
Revocation For Good And Sufficient Cause Labor Certification Validity Fraud Or Willful Misrepresentation Performance Of Proffered Duties
dismissed
EB-3
Nursing
The motions to reopen and reconsider were denied. The original appeal was summarily dismissed because the petitioner did not initially state...
Motion To Reopen Motion To Reconsider Appeal Procedure Ability To Pay Labor Certification
dismissed
EB-3
Cosmetology
The appeal was dismissed because the Beneficiary's claimed work experience was not credible. A prior U.S. visitor visa application from 2006...
Minimum Two Years Of Experience Credibility Of Evidence Labor Certification Requirements
remanded
EB-3
Masonry
The Director incorrectly denied the petition by refusing to consider the petitioner's individual tax return (Form 1040, Schedule C), which w...
Ability To Pay The Proffered Wage
dismissed
EB-3
Construction
The motion to reopen and reconsider was denied because the petitioner failed to establish its ability to pay the proffered wage from the pri...
Ability To Pay Proffered Wage Totality Of The Circumstances
dismissed
EB-3
Robotics
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
Computer Science
The appeal was dismissed because the petitioner failed to resolve numerous inconsistencies in the record regarding the beneficiary's prior w...
Beneficiary'S Qualifying Experience Petitioner'S Ability To Pay
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
sustained
EB-3
Special Education
The appeal was sustained because the Petitioner provided evidence demonstrating its ability to pay the proffered wage from the priority date...
Ability To Pay Proffered Wage Beneficiary'S Qualifications Labor Certification Requirements
dismissed
EB-3
Tailoring
The motion to reconsider was denied, upholding the previous dismissal of the appeal. The petitioner failed to resolve numerous evidentiary i...
Beneficiary Qualifications Labor Certification Requirements Evidentiary Inconsistencies Fraud/Willful Misrepresentation
dismissed
EB-3
Graphic Design
The appeal was dismissed because the Beneficiary's degrees, a bachelor's in communication arts (journalism) and a master's in studio art, di...
Labor Certification Requirements Educational Requirements Foreign Degree Equivalency
dismissed
EB-3
Retail Shipping
The motion to reconsider was denied because the petitioner, a sole proprietorship, failed to demonstrate a continuous ability to pay the pro...
Ability To Pay Proffered Wage Sole Proprietorship Finances Use Of Poverty Guidelines
remanded
EB-3
Information Technology
The decision was remanded because the Director failed to consider if a typographical error on the labor certification, which ended with 'o,'...
Beneficiary'S Education Beneficiary'S Experience Ability To Pay Proffered Wage Labor Certification Requirements
dismissed
EB-3
Special Education / Sports
The motion to reconsider was denied because the petitioner's attempt to amend the petition from the EB-3 professional category to the skille...
Beneficiary Qualifications For Professional Vs. Skilled Worker Job Requirements On Labor Certification Prohibition Of Material Change To A Petition After Filing Ability To Pay The Proffered Wage
remanded
EB-3
Childcare
The Director's decision was withdrawn because the petitioner successfully demonstrated her ability to pay the proffered wage for the initial...
Ability To Pay Labor Certification Substitution Intent To Employ
sustained
EB-3
Dry Cleaning
The initial denial was based on the petitioner's failure to establish its ability to pay the proffered wage, due to inconsistencies in its f...
Ability To Pay Proffered Wage
dismissed
EB-3
Finance
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary met the minimum experience requirement outlined in ...
Meeting Labor Certification Requirements Evidence Of Qualifying Experience
dismissed
EB-3
Plant Nursery
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner stated they would submit a ...
8 C.F.R. § 103.3(A)(1)(V) (Failure To Identify Error)
remanded
EB-3
Business Administration
The appeal was remanded on procedural grounds. The AAO found that the Director revoked the petition's approval based on derogatory informati...
Beneficiary'S Qualifying Experience Notice Of Intent To Revoke (Noir) Good And Sufficient Cause For Revocation Credibility Of Evidence Contradictory Employment History
dismissed
EB-3
Pastoral Work
The motion to reopen was granted in part, as the petitioner successfully established its ability to pay the proffered wage. However, the app...
Ability To Pay Beneficiary'S Qualifying Experience
dismissed
EB-3
Restaurant Industry
The appeal was dismissed because the petitioner failed to prove its ability to pay the proffered wage starting from the priority date in 201...
Ability To Pay The Proffered Wage Net Income Net Current Assets Totality Of The Circumstances
remanded
EB-3
Logistics
The AAO remanded the case, withdrawing the Director's decision to revoke the petition. The Director's conclusion that the beneficiary was no...
Bona Fide Job Offer Validity Of Labor Certification Worksite Location Consistency Of Job Duties Fraud Or Willful Misrepresentation Prospective Nature Of Employment
dismissed
EB-3
Computer Science
The appeal was dismissed because the labor certification explicitly stated that a foreign educational equivalent degree was not acceptable, ...
Educational Requirements Labor Certification Requirements Clerical Error Claim
remanded
EB-3
Nursing
The Director denied the petition, concluding the petitioner could not establish its ability to pay the proffered wage, especially considerin...
Ability To Pay
sustained
EB-3
Auditing
The initial denial was based on the petitioner's inability to cover a small wage shortfall in 2015 based on its net income or net current as...
Ability To Pay Proffered Wage
remanded
EB-3
Nursing
The Director denied the petition, concluding the petitioner had not established its ability to pay the proffered wage, particularly when con...
Ability To Pay The Proffered Wage
dismissed
EB-3
Home Care
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date onward, as ...
Ability To Pay Proffered Wage Beneficiary'S Educational Requirements
dismissed
EB-3
Bookkeeping
The motion to reopen was denied because it was not filed by an 'affected party' as the original petitioning company had been legally dissolv...
Affected Party Standing Requirements For A Motion To Reopen Successor-In-Interest
remanded
EB-3
Retail Management
The Director's decision to revoke the petition was withdrawn and the case was remanded. The AAO determined that the Director first needed to...
Beneficiary'S Standing To Appeal Portability Under Section 204(J) Of The Act Ability To Pay Proffered Wage Beneficiary'S Qualifying Experience Bona Fide Job Offer
remanded
EB-3
Accounting
The Director's decision to revoke the I-140 petition was withdrawn and the matter was remanded. The AAO found that the Director failed to fi...
Beneficiary'S Qualifying Experience Beneficiary As An Affected Party Portability Under Section 204(J) Of The Act
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