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)
4206 total decisions
Page 1 of 43
dismissed
L-1A
Property Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Beauty Salon
The appeal was dismissed as moot. The Administrative Appeals Office found that the beneficiary had already adjusted status to that of a U.S....
Managerial Or Executive Capacity
dismissed
L-1A
Ice Cream Establishment
The appeal was dismissed as moot because a subsequent L-1A petition for the same beneficiary and petitioner had already been approved. The A...
New Office Requirements Managerial Or Executive Capacity Sufficient Physical Premises Mootness
dismissed
L-1A
Electronic And Security Equipment
The director denied the petition for failing to demonstrate that the beneficiary would be employed in a primarily managerial or executive ca...
Managerial Capacity Executive Capacity New Office Extension Staffing Levels Duties Performed
dismissed
L-1A
Construction And Property Development
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises to house the new office. The...
Sufficient Physical Premises For A New Office
dismissed
L-1A
Computer Parts Manufacturing
The appeal was summarily dismissed because the petitioner failed to identify an erroneous conclusion of law or statement of fact in the orig...
One Year Continuous Employment Abroad
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Doing Business Qualifying Relationship
dismissed
L-1A
Business Management
The appeal was dismissed because it was not filed in a timely manner, having been submitted 34 days after the director's decision, exceeding...
Timely Filing Of Appeal Motion To Reopen Motion To Reconsider Treatment Of Untimely Appeal As Motion
dismissed
L-1A
Not Specified
The appeal was rejected because it was filed untimely. The director's decision was issued on April 7, 2003, but the appeal was not received ...
Timely Filing Of Appeal
dismissed
L-1A
Travel And Tourism
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Web Design And Hosting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying executive capac...
New Office Requirements Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to establish that its new office would support a managerial position within one year....
New Office Supporting Managerial Position Beneficiary'S Prior Employment In Managerial Capacity Definition Of Managerial Capacity Proposed Job Duties
dismissed
L-1A
E-Commerce
The motion to reconsider was denied because the petitioner failed to show the original decision to dismiss the appeal was incorrect. The AAO...
Managerial Or Executive Capacity Staffing Levels Credibility Of Evidence
dismissed
L-1A
Wholesale And Retail Trade
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises for its new office and that the ...
Sufficient Physical Premises Managerial Or Executive Capacity Investment In New Office Financial Ability Of Foreign Entity
dismissed
L-1A
Aircraft Parts
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad primarily in a qualifying executi...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Definition Of Executive Capacity
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner, a new office restaurant, failed to demonstrate it had been 'doing business' for one year pr...
Doing Business For One Year Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Clothing And Textiles
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily executive capaci...
Executive Capacity New Office Requirements Employment Abroad In A Managerial Or Executive Capacity Organizational Structure/Staffing
remanded
L-1A
Child Care Services
The appeal was remanded because while the petitioner successfully established that the beneficiary's U.S. position would be managerial, new ...
Employment In A Managerial Capacity Employment Abroad In A Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Sales And Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be primarily employed in a managerial or exec...
Managerial Capacity Executive Capacity Employment Abroad In A Qualifying Capacity Primarily Engaged In Qualifying Duties
dismissed
L-1A
Business
The AAO denied the motion to reopen and reconsider. The petitioner failed to state new facts to support a motion to reopen and failed to est...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Motion To Reopen Requirements Motion To Reconsider Requirements
dismissed
L-1A
Retail Management
The appeal was dismissed because the petitioner failed to meet the standards for a motion to reconsider. The petitioner did not establish th...
Executive Capacity Motion To Reconsider Standards New Office Petition Extension
dismissed
L-1A
Stone Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Job Duties Organizational Structure Staffing Levels
remanded
L-1A
Trading And Mortgage Loans
The appeal was remanded for further consideration due to newly discovered information and unresolved issues. The AAO found significant discr...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) New Office Extension Requirements Doing Business In The U.S. Qualifying Relationship
remanded
L-1A
Moving And Shipping
The appeal was remanded because while the AAO found sufficient evidence of the beneficiary's executive capacity, the evidence establishing a...
Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The U.S. Qualifying Relationship Ownership And Control
sustained
L-1A
Automotive
The appeal was sustained because the petitioner provided sufficient new and previously submitted evidence to establish that the beneficiary'...
Managerial Capacity Executive Capacity Foreign Employment Proposed U.S. Employment
dismissed
L-1A
Childcare
The appeal was dismissed because the Petitioner did not establish that the Beneficiary's proposed position in the United States would be pri...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
L-1A
Import/Export Of Vehicles And Machinery
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a qualifying ...
Managerial Or Executive Capacity Employment Abroad New Office Requirements
dismissed
L-1A
Business Management
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. After filing the appeal, the petitioner ...
Managerial Or Executive Capacity Failure To State Grounds For Appeal
dismissed
L-1A
Franchise Operations
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity, that the beneficiary ...
Qualifying Relationship Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) New Office Extension Requirements
dismissed
L-1A
Business Consulting
The motion to reconsider was dismissed because the petitioner failed to address the specific reasons for the prior appeal's dismissal. The p...
Managerial Or Executive Capacity Sufficient Subordinate Staff Doing Business Day-To-Day Duties
dismissed
L-1A
Research And Consulting
The appeal was dismissed because the petitioner failed to overcome the director's denial grounds. The director found the petitioner did not ...
Qualifying Relationship Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Business
The director initially denied the petition for failing to establish a qualifying relationship between the U.S. petitioner and the beneficiar...
Qualifying Relationship Failure To State Grounds For Appeal
dismissed
L-1A
Investment And Food Service
The appeal was dismissed because the petitioner failed to establish the beneficiary would be employed in a qualifying managerial or executiv...
Managerial Or Executive Capacity Doing Business For The Previous Year Financial Status Staffing
remanded
L-1A
Transportation And Logistics
The director's denial, which found the beneficiary's role was not managerial, was withdrawn. The AAO found that the petitioner's evidence, p...
Managerial Capacity Executive Capacity Function Manager One Year Of Qualifying Employment Abroad
remanded
L-1A
Automotive Parts
The appeal was remanded because the director improperly revoked the petition solely based on the beneficiary's lack of English fluency, whic...
Executive Capacity Managerial Capacity New Office Requirements Revocation Of Approval Beneficiary'S Qualifications
dismissed
L-1A
Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Managing An Essential Function
dismissed
L-1A
Import And Export
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director concluded that the petitioner had n...
Sufficient Physical Premises Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Software
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Qualifying Relationship
dismissed
L-1A
Dental Products
The appeal was dismissed because the petitioner failed to demonstrate that its new U.S. office would be able to support an executive or mana...
New Office Requirements Support For Managerial/Executive Position Managerial Capacity Executive Capacity
dismissed
L-1A
Retail And Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary had at least one continuous year of full-time emplo...
One Continuous Year Of Full-Time Employment Abroad
dismissed
L-1A
Ship Management And Marine Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. The director initiall...
Qualifying Relationship Affiliate Qualifying Organization Ownership And Control
dismissed
L-1A
Wholesale
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Qualifying Organization
dismissed
L-1A
Import/Export
The appeal was summarily dismissed because the petitioner failed to identify any specific error in the director's decision or submit the pro...
Managerial Or Executive Capacity Job Duties Description Staffing Levels Performance Of Non-Qualifying Duties
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Retail / Convenience Store
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive or manag...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels Beneficiary'S Duties
dismissed
L-1A
Unknown
The appeal was rejected because it was not filed within the required 33-day period after the decision was served by mail. The petitioner ini...
Timely Filing Of Appeal
dismissed
L-1A
Jewelry
The motion was dismissed for failing to meet procedural requirements, including not being addressed to the proper office and lacking a requi...
Motion To Reopen Procedural Requirements Motion To Reconsider Procedural Requirements Submission Of New Facts Incorrect Application Of Law Or Policy Petitioner'S Corporate Status
dismissed
L-1A
Import/Export
The appeal was dismissed for procedural and substantive reasons. Procedurally, the petition to extend the beneficiary's status was filed aft...
Executive Capacity New Office Extension Requirements Timely Filing Of Extension Staffing Levels
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed abroad in a primarily managerial or ...
Managerial/Executive Capacity (Abroad) Qualifying Relationship New Office Requirements
dismissed
L-1A
Business
The motion was dismissed because the petitioner failed to establish the beneficiary's eligibility at the time of filing. Specifically, the p...
Managerial Or Executive Capacity (U.S. Position) Qualifying Relationship Managerial Or Executive Capacity (Foreign Position) Staffing Levels
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The evi...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Marble And Granite Import/Export
The appeal was rejected as untimely filed. Although the petitioner submitted the appeal form within the deadline, it included an incorrect f...
Timely Filing Of Appeal Correct Filing Fee
dismissed
L-1A
Hardware And Software Development
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity New Office Requirements Failure To Identify Error On Appeal
dismissed
L-1A
Wholesale
The appeal was dismissed as moot. A separate, subsequent L-1A nonimmigrant petition filed by the same petitioner for the same beneficiary ha...
Executive Or Managerial Capacity
dismissed
L-1A
Automotive Parts
The motion to reopen was dismissed because a previous motion had been properly rejected as untimely filed. The AAO found that the petitioner...
Managerial Or Executive Capacity Timely Filing Of Motion To Reopen
dismissed
L-1A
Automotive Engineering
The appeal was dismissed as moot. A separate L-1A petition filed by the same petitioner for the same beneficiary had already been approved, ...
Managerial Or Executive Capacity Mootness
dismissed
L-1A
Medical Transcription And Information Technology Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Custom Furniture Manufacturing
The motion was dismissed because it failed to meet the regulatory requirements for a motion to reopen or reconsider. The petitioner's counse...
Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen/Reconsider Requirements
dismissed
L-1A
Advertising
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Produce Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Import/Export
The appeal was rejected because it was improperly filed. The appeal form was signed by the beneficiary, who is not a recognized party in the...
One Year Of Continuous Employment Abroad Business Plan Of U.S. Entity Improper Filing Of Appeal By Beneficiary
dismissed
L-1A
Computer Hardware
The appeal was rejected because it was improperly filed by an attorney representing the beneficiary. Per regulations, the beneficiary of a v...
Proper Filing Of Appeal Standing To Appeal Managerial Or Executive Capacity
dismissed
L-1A
Textiles
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive or manag...
Managerial Capacity Executive Capacity New Office Requirements Staffing
dismissed
L-1A
Resort Management
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial or exec...
Managerial Capacity Executive Capacity One Year Of Continuous Employment Abroad Staffing Levels
dismissed
L-1A
Medical Transcription
The appeal was summarily dismissed because the petitioner failed to follow regulatory procedure. The petitioner did not specifically identif...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact On Appeal
dismissed
L-1A
Construction
The appeal was rejected as untimely filed. Although the petitioner initially submitted the appeal form within the deadline, it included an i...
Managerial Or Executive Capacity Doing Business Timely Filing Of Appeal Correct Filing Fee
dismissed
L-1A
Automotive Parts Trade
The appeal was dismissed as moot. The director had initially denied the petition because the beneficiary had reached the maximum stay in H-1...
Eligibility After Maximum Stay In H-1B Status Mootness
dismissed
L-1A
Beauty Supplies
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Freight Forwarding
The appeal was dismissed primarily because the petitioner failed to properly respond to the director's Request for Evidence (RFE). The petit...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Logistics
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive or manag...
Executive Capacity Managerial Capacity New Office Extension
dismissed
L-1A
Automobile Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Import And Export
The appeal was dismissed because the U.S. petitioner, a sole proprietorship, is not considered a separate legal entity from its owner, the b...
Qualifying Relationship Managerial Or Executive Capacity Qualifying Organization New Office Extension
dismissed
L-1A
Retail Investment
The appeal was dismissed because the petitioner filed an extension request on behalf of a new Georgia corporation, a separate legal entity f...
Qualifying Relationship Between Entities Managerial Or Executive Capacity Requirement To File Amended Petition For Changed Employment
dismissed
L-1A
Cocoa Mulch Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Qualifying Organization One Year Of Prior Employment Abroad
dismissed
L-1A
Silver Jewelry
The appeal was dismissed for multiple reasons. Primarily, the extension petition was filed after the expiration of the initial 'new office' ...
Managerial Or Executive Capacity New Office Extension Timely Filing Of Extension Doing Business Staffing Levels
dismissed
L-1A
Import/Wholesale
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Agricultural Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing
dismissed
L-1A
Management
The appeal was dismissed as moot. The AAO found that another L-1A petition for the same beneficiary, filed by the same petitioner, had alrea...
Managerial Or Executive Capacity
dismissed
L-1A
Civil Engineering
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Employment Abroad In A Managerial Or Executive Capacity Qualifying Relationship Between Entities
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner failed to adequately document the size of the U.S. investment and the financial ability of t...
New Office Requirements Sufficient Physical Premises Size Of U.S. Investment Financial Ability To Remunerate Beneficiary Ability To Support A Managerial/Executive Position
dismissed
L-1A
Auto Parts Manufacturing
The appeal was dismissed because the petitioner failed to establish that the U.S. entity had been 'doing business' for the required one-year...
Doing Business Managerial Or Executive Capacity New Office Requirements Staffing
dismissed
L-1A
Liquor Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executiv...
Prior Employment In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Auto Rental
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Employment Abroad In A Qualifying Capacity
dismissed
L-1A
Arts And Crafts Import/Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Qualifying Organization
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing
dismissed
L-1A
Industrial Equipment Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign emplo...
Qualifying Relationship Subsidiary Definition Ownership And Control New Office Requirements
dismissed
L-1A
Broadcast Distribution
The appeal was summarily dismissed on procedural grounds. The petitioner failed to submit a brief or additional evidence directly to the AAO...
Failure To File A Brief New Office Requirements Managerial Or Executive Capacity
dismissed
L-1A
Printing
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to that of a permanent resident, making the...
Executive/Managerial Capacity
dismissed
L-1A
Information Services
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
Managerial Capacity Executive Capacity
dismissed
L-1A
Security Doors
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Doing Business For Previous Year Staffing For New Office
dismissed
L-1A
Furniture And Exercise Equipment Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Requirements Staffing Levels
dismissed
L-1A
Import/Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position) New Office Requirements
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a primari...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Event Planning
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Agricultural Products
The appeal was dismissed because the AAO agreed with the director's decision to revoke the initial approval due to "gross error." The petiti...
Managerial Or Executive Capacity Qualifying Relationship Gross Error In Approval Function Manager
dismissed
L-1A
Voice Processing Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity
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