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 13 of 43
dismissed
L-1A
International Trade
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
Software Development
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The petitioner prov...
Qualifying Relationship New Office Requirements Sufficient Physical Premises Doing Business
dismissed
L-1A
Import/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 Staffing Levels New Office Extension Requirements
dismissed
L-1A
Garment Distribution
The appeal was dismissed because the petitioner failed to establish that sufficient physical premises had been secured to house the new offi...
Sufficient Physical Premises For New Office Ability To Support A Manager/Executive Within One Year Size Of U.S. Investment
dismissed
L-1A
Automotive Manufacturing
The appeal was dismissed as moot because a separate, subsequent L-1A petition for the same beneficiary had already been approved, rendering ...
Managerial Or Executive Capacity Mootness Of Appeal Qualifying Relationship Extension Of Stay Period
remanded
L-1A
Mining Equipment
The director's decision was withdrawn because the denial, based on the petitioner's failure to list members in its articles of organization,...
Qualifying Relationship Between Entities Managerial Capacity
remanded
L-1A
Helicopter Business
The appeal was remanded because the director incorrectly applied the 'new office' criteria to an established company that was merely expandi...
New Office Requirements Sufficient Physical Premises Managerial Or Executive Capacity
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner, operating as a franchisee, had ceded significant operational control to the franchisor. The...
Qualifying Relationship Subsidiary Ownership And Control New Office Requirements Managerial Capacity
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the Uni...
Managerial Capacity (U.S.) Executive Capacity (U.S.) Managerial Capacity (Abroad) Executive Capacity (Abroad)
dismissed
L-1A
Construction
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
Construction
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
Sales And Marketing
The appeal was rejected as untimely filed. The petitioner re-filed a properly executed appeal form 68 days after the director's decision was...
Timely Filing Of Appeal Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
sustained
L-1A
International Trade
The director denied the petition, concluding the beneficiary would not be employed in a primarily managerial or executive capacity due to an...
Managerial Capacity Executive Capacity
dismissed
L-1A
Pest Control And Lawn 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 New Office Extension Requirements Staffing Levels
dismissed
L-1A
Gas Station Management
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Managerial Or Executive Capacity Doing Business Qualifying Relationship
dismissed
L-1A
Import/Export Of Oriental Rugs
The appeal was dismissed because the request to extend the beneficiary's status was based on an initial petition that had been revoked. An e...
Validity Of Underlying Petition For Extension Managerial Or Executive Capacity Maintenance Of Status
remanded
L-1A
Import/Export
The director's decision was withdrawn because it improperly failed to apply the 'new office' criteria, instead wrongly requiring proof that ...
Managerial/Executive Capacity New Office Requirements Sufficient Physical Premises Prior Employment In Managerial/Executive Capacity Ability To Support Manager Within One Year Qualifying Relationship
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Retail
The appeal was rejected because it was filed one day after the 33-day deadline, making it untimely. The AAO also found that the appeal did n...
Untimely Filing Motion To Reconsider Sufficient Physical Premises Qualifying Relationship Beneficiary'S Duties
dismissed
L-1A
Retail Investment
The appeal was dismissed because the petitioner failed to establish two key points. First, it did not prove the beneficiary would be employe...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Software Consulting
The appeal was dismissed because the petitioner failed to establish two key points: that the beneficiary would be employed in a primarily ma...
Managerial Or Executive Capacity Qualifying Relationship
remanded
L-1A
Real Estate Development
The director denied the petition, concluding the beneficiary would not be employed in a primarily managerial or executive capacity because t...
Managerial Capacity Executive Capacity Function Manager New Office Extension
dismissed
L-1A
Education
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel indicated they would submit a brief and/or additional evi...
Doing Business Abroad Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Unknown
The appeal was dismissed because it was formally withdrawn by the petitioner's counsel. The Administrative Appeals Office did not rule on th...
dismissed
L-1A
Architectural Design
The director denied the petition for failing to establish that the new U.S. office would support a managerial position within one year, that...
Support For Managerial/Executive Position (New Office) Managerial Or Executive Capacity (Abroad) Qualifying Relationship
dismissed
L-1A
Import And 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 Qualifying Organization Subordinate Employees
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the new U.S. operation would support an executive or managerial pos...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Manager/Executive Within One Year
sustained
L-1A
Agriculture
The director initially denied the petition, finding the petitioner failed to establish the beneficiary's past and future employment in a pri...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. New Office Requirements
dismissed
L-1A
Knife, Tool, And Leather
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
Service And Trading
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 Qualifying Relationship New Office Extension Requirements Staffing
dismissed
L-1A
Marble Art
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
Investment / Retail
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing the petition. Specifically, the petiti...
Sufficient Physical Premises For New Office Qualifying Managerial/Executive Capacity Abroad Ability Of New Office To Support Manager Within One Year Size Of U.S. Investment And Financial Ability Of Foreign Entity
dismissed
L-1A
Construction And Trade
The appeal was dismissed because the petitioner failed to establish that the U.S. new office would support a primarily managerial or executi...
Managerial Capacity Executive Capacity 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 a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Automotive Sales
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the benefi...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would be able to support a managerial or execut...
New Office Requirements Ability To Support A Managerial/Executive Position Size Of U.S. Investment Financial Ability Of Foreign Entity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner, a new office, failed to establish that the U.S. operation would be able to support the bene...
Managerial Or Executive Capacity New Office Requirements Organizational Structure Staffing
dismissed
L-1A
Household Textiles
The appeal was dismissed as moot. The decision notes that the beneficiary had already adjusted their status to a U.S. permanent resident on ...
Managerial Or Executive Capacity
dismissed
L-1A
Cleaning 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 New Office Extension Requirements
dismissed
L-1A
Cosmetics
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
Trading And Communication
The appeal was dismissed because the petitioner failed to establish that its U.S. new office had been 'doing business' for the previous year...
Doing Business New Office Extension Requirements
dismissed
L-1A
Healthcare Staffing
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises for the new U.S. office...
New Office Physical Premises Managerial/Executive Capacity Abroad Qualifying Relationship
dismissed
L-1A
Education
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
dismissed
L-1A
Interior Design
The appeal was dismissed because the petitioner, a new office, failed to establish that the beneficiary would be employed in a primarily man...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Biotechnology
The appeal was dismissed because the petitioner failed to establish a qualifying parent-subsidiary relationship with the foreign entity. The...
Qualifying Relationship Parent-Subsidiary Relationship New Office Requirements
dismissed
L-1A
Historic Newspaper Business
The AAO found that the director improperly classified the U.S. entity as a 'new office' and withdrew that part of the denial. However, the a...
New Office Requirements Qualifying Employment Abroad (Managerial/Executive) Qualifying Employment In The U.S. (Managerial/Executive) Managerial Capacity Definition Doing Business Definition
dismissed
L-1A
Customs Brokerage
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
Heavy Equipment
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a primarily managerial or execut...
Employment Abroad In A Primarily Managerial Or Executive Capacity New Office Requirements Definition Of Managerial Capacity Definition Of Executive Capacity
dismissed
L-1A
Wholesale Distribution And 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 New Office Extension
dismissed
L-1A
Import/Export
The appeal was dismissed because the director's revocation of the petition was found to be proper. The petitioner failed to establish that t...
Qualifying Relationship Doing Business Qualifying Organization Managerial/Executive Capacity One Year Of Prior Employment
dismissed
L-1A
Jewelry
The appeal was dismissed because the petitioner failed to establish the beneficiary was employed abroad in a primarily managerial or executi...
Managerial/Executive Capacity Abroad New Office Viability Sufficient Physical Premises Ability To Support Manager/Executive In Us
dismissed
L-1A
Freight Forwarding
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 Qualifying Relationship One Year Of Foreign Employment
dismissed
L-1A
Contactless Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) Qualifying Relationship
dismissed
L-1A
Retail Food Market
The appeal was dismissed because the petitioner failed to establish that the intended new U.S. operation, a small retail food market, would ...
New Office Requirements Ability To Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director concluded that the petiti...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Qualifying Relationship
dismissed
L-1A
Ceramics
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 Timely Filing Of Extension
dismissed
L-1A
Engineering Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Affiliate Relationship Subsidiary Relationship New Office Requirements
dismissed
L-1A
Auto Dismantling
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Supervision Of Personnel Management Of An Essential Function
dismissed
L-1A
Automotive Parts
The director denied the petition, and the AAO dismissed the appeal, because the petitioner failed to establish that the beneficiary would be...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Wholesale Trading
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not specifically identi...
Managerial Capacity Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Food Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed by the U.S. entity in a primarily...
Managerial Capacity Executive Capacity
dismissed
L-1A
Electronics And Satellite Services
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 New Office Extension Staffing Levels Doing Business
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The decision was purely procedural and did...
Withdrawal Of Appeal
dismissed
L-1A
Furniture Retail
The appeal was dismissed because the petitioner, a new office, failed to establish that the beneficiary would be employed in a primarily man...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing
dismissed
L-1A
Export Business
The appeal was dismissed because the petitioner failed to meet the requirements for establishing a new office. The director found, and the A...
New Office Requirements Sufficient Physical Premises Managerial Or Executive Capacity Abroad Ability To Support A Managerial Or Executive Position Within One Year
dismissed
L-1A
Dry Cleaning
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 New Office Requirements Managerial/Executive Capacity
dismissed
L-1A
Freight Forwarding
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 Qualifying Organization Organizational Hierarchy Staffing Levels
dismissed
L-1A
Heavy Industries
The motion to reopen was dismissed on procedural grounds. The motion was filed 131 days after the AAO's decision, well past the 30-day deadl...
Timeliness Of Motion Motion To Reopen Requirements Statement On Judicial Proceedings Submission Of New Facts Or Evidence Managerial Or Executive Capacity
dismissed
L-1A
Hospitality, Real Estate, And Auto Sales
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 Qualifying Relationship Staffing New Office Extension
dismissed
L-1A
Commercial Property Consulting
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
Beachwear And Sportswear
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would be able to support a managerial or execut...
New Office Requirements Support For Managerial/Executive Position Within One Year Managerial Capacity Definition Executive Capacity Definition Hiring Plan
dismissed
L-1A
Food Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a qualifying ...
Qualifying Foreign Employment Qualifying U.S. Employment Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. company and the for...
Qualifying Relationship Between Entities Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
L-1A
Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Supervision Of Other Employees Executive Capacity
dismissed
L-1A
Furniture
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The AAO found that ...
Qualifying Organization Affiliate Relationship Ownership And Control Managerial Or Executive Capacity New Office Extension
dismissed
L-1A
Telecommunications
The appeal was dismissed as moot. Although the director initially denied the petition for failing to establish the beneficiary would be empl...
Managerial Or Executive Capacity
dismissed
L-1A
Industrial Equipment
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
Construction Equipment Import/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 Supervision Of Personnel Management Of An Essential Function
dismissed
L-1A
Apparel Wholesale
The appeal was dismissed because the petitioner failed to meet the specific requirements for a new office petition. The petitioner did not d...
New Office Requirements Managerial Or Executive Capacity Ability To Support Position Within One Year Sufficient Physical Premises
dismissed
L-1A
Consulting
The appeal was dismissed because the petitioner failed to establish that its new U.S. office would support an executive or managerial positi...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Manager/Executive Within One Year
dismissed
L-1A
Motion Picture
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the foreign compan...
Qualifying Relationship Sufficient Physical Premises New Office Requirements Managerial Or Executive Capacity
dismissed
L-1A
International Trade
The appeal was summarily dismissed because the petitioner failed to identify any specific error in the director's decision or submit a brief...
Managerial Or Executive Capacity Staffing Levels Job Duties Description
dismissed
L-1A
Consumer Products
The appeal was dismissed because the petitioner failed to timely file a petition to change the beneficiary's status from L-1B (specialized k...
Maximum Period Of Stay For L-1B Change Of Status From L-1B To L-1A Timely Filing For Extension Managerial Capacity Employment Duration Extension Of Stay Vs. New Employment Petition
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish a qualifying relationship based on common ownership and control at the t...
Qualifying Relationship Common Ownership And Control Eligibility At Time Of Filing Summary Dismissal
dismissed
L-1A
Automotive Components
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted their status to that of a lawful permanent residen...
Executive Capacity New Office Extension Mootness
dismissed
L-1A
General Merchandise
The motion to reopen was dismissed because the petitioner failed to provide new facts as required by regulation. The petitioner's argument, ...
Managerial Or Executive Capacity New Office Extension Motion To Reopen Requirements
dismissed
L-1A
Textile Manufacturing
The appeal was dismissed because the petitioner failed to establish that the U.S. entity, a new office, would be able to support the benefic...
Managerial Or Executive Capacity New Office Requirements Sufficient Physical Premises Ability To Support Manager Within One Year Qualifying Organizational Relationship
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 managerial or exec...
Managerial Capacity Executive Capacity
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing the petition. The petitioner did not d...
New Office Requirements Sufficient Physical Premises Qualifying Relationship Managerial Or Executive Capacity Financial Ability Of Foreign Entity Size Of Investment
dismissed
L-1A
Textile Import/Export
The director denied the petition because the petitioner did not establish that the beneficiary would be employed in a primarily managerial o...
Managerial Capacity Executive Capacity New Office Extension Staffing
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 Capacity Executive Capacity
dismissed
L-1A
Floral 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 New Office Extension Staffing Levels Beneficiary'S Duties
dismissed
L-1A
Construction
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 New Office Requirements
dismissed
L-1A
Computer 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 New Office Extension Requirements Staffing
dismissed
L-1A
Leather Business
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
Commodity Sourcing
The appeal was dismissed because the petitioner failed to establish that the new United States office would support an executive or manageri...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Jewelry Business
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
Real Estate Development/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 New Office Extension Requirements
dismissed
L-1A
Freight/Shipping Insurance
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
Construction And Building Materials
The appeal was dismissed because the petitioner, seeking to establish a new office, failed to demonstrate that the U.S. operation would supp...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support A Qualifying Position Within One Year
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