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 26 of 43
dismissed
L-1A
Import/Export Trade
The appeal was dismissed because the petitioner failed to establish two key requirements for a new office L-1A extension. The petitioner did...
Managerial Or Executive Capacity Doing Business New Office Requirements
dismissed
L-1A
Computer 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 Requirements
dismissed
L-1A
Import And Distribution
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 Staffing Levels
dismissed
L-1A
Automotive Accessories
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
Travel/Tourism
The appeal was dismissed because the petitioner failed to establish that the beneficiary had one continuous year of employment abroad in a m...
One Year Of Continuous Employment Abroad Employment In A Managerial Or Executive Capacity Abroad Employment In A Primarily Managerial Or Executive Capacity In The U.S. New Office Requirements
dismissed
L-1A
Airline
The petition was denied because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or execu...
Managerial Capacity Executive Capacity
dismissed
L-1A
Hair Care Products
The appeal was summarily dismissed because the petitioner failed to provide a brief or new evidence after filing the appeal. The AAO agreed ...
Managerial Or Executive Capacity Qualifying Relationship Staffing Levels
dismissed
L-1A
Unknown
The appeal was rejected because it was not timely filed. An initial attempt to file was rejected for lacking a signature, and the properly e...
Timely Filing Of Appeal Properly Executed Form
dismissed
L-1A
Unknown
The appeal was rejected because it was improperly filed. Federal regulations at 8 C.F.R. § 214.1(c)(5) explicitly state that there is no app...
8 C.F.R. § 214.1(C)(5) Right Of Appeal For Form I-539
dismissed
L-1A
Transportation And Delivery Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been or would be employed by the United States ...
Executive Capacity Managerial Capacity Qualifying Organization
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The petitioner was required to file the appeal within 30 days of the decision's servi...
Timely Filing Of Appeal Treating Late Appeal As A Motion To Reopen Or Reconsider
dismissed
L-1A
Ship Building
The director denied the petition, and the appeal was dismissed, because the record contained insufficient evidence to demonstrate that the b...
Managerial Capacity Executive Capacity Staffing Levels New Office Extension
dismissed
L-1A
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 Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the foreign entity had sufficiently funded or capitalized the new U...
New Office Requirements Funding And Capitalization Of U.S. Entity Financial Ability To Commence Business One Year Of Continuous Employment Abroad
dismissed
L-1A
Sign Making And Property Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Supervision Of Personnel Management Of An Essential Function
dismissed
L-1A
Technology 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 New Office Extension Requirements
dismissed
L-1A
Carpet Wholesale
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel indicated they would submit a brief and/or evidence but f...
Managerial Or Executive Capacity Procedural Grounds For Appeal
dismissed
L-1A
International Trade
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that its U.S. 'new office' had been 'doing business' for the entire prev...
Doing Business For The Previous Year Qualifying Organizations New Office Extension
dismissed
L-1A
Jewelry And Perfume
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 Qualifying Relationship
dismissed
L-1A
Leather Goods
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Relationship Doing Business For One Year Foreign Entity Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Retail
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to a U.S. permanent resident, rendering the...
Managerial Or Executive Capacity Foreign Entity Doing Business
dismissed
L-1A
Liquor Distribution
The appeal was dismissed because the petitioner did not establish that the beneficiary's proposed role in the United States would be primari...
Managerial Capacity Executive Capacity
dismissed
L-1A
Electro-Magnetic Systems
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
Cleaning Service
The appeal was dismissed because the petitioner failed to establish that a qualifying relationship existed between the U.S. and foreign enti...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
International Freight Service
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...
New Office Requirements Managerial Capacity Executive Capacity Support Of Managerial/Executive Position Within One Year
dismissed
L-1A
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 Extension Requirements Staffing Levels Qualifying Organization
dismissed
L-1A
Liquor Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed employment in the United States would be...
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
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 Detailed Description Of Duties Staffing Levels
dismissed
L-1A
Agricultural Machinery
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 Organizational Structure Beneficiary'S Duties
dismissed
L-1A
Bakery Equipment Distributor
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Or Executive Capacity Doing Business Staffing Levels
dismissed
L-1A
Jewelry Business
The appeal was dismissed because the petitioner failed to establish key eligibility requirements. Specifically, the petitioner did not prove...
Employment Abroad In Managerial/Executive Capacity Proposed U.S. Employment In Managerial/Executive Capacity Financial Viability Of New Office Ability Of New Office To Support A Manager
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner formally requested to withdraw the appeal on March 25, 2005.
dismissed
L-1A
Furniture Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad in a primarily managerial ...
Managerial Capacity Executive Capacity Employment Abroad New Office Requirements
dismissed
L-1A
Home Furnishings And Garments
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be employed in a primarily execut...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested its withdrawal. The decision was purely procedural and did not address t...
remanded
L-1A
Retail/Wholesale
The director denied the petition, finding the petitioner failed to establish that the beneficiary had been employed by the foreign entity fo...
One-Year Continuous Foreign Employment New Office Requirements Managerial/Executive Capacity
dismissed
L-1A
Automotive Design
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad in a primarily managerial or exec...
Managerial Capacity Executive Capacity Employment Abroad
dismissed
L-1A
Technology/Web Design
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities through ...
Qualifying Relationship Between U.S. And Foreign Entities Employment In A Primarily Managerial Or Executive Capacity Sufficient Physical Premises For A New Office New Office Requirements
dismissed
L-1A
Clothing Distribution
The appeal was dismissed because the petitioner failed to demonstrate that the new U.S. operation would support a managerial position within...
Sufficient Physical Premises For New Office Ability To Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Internet Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed primarily in a managerial or executive...
Managerial Or Executive Capacity Doing Business
dismissed
L-1A
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 Doing Business Financial Ability To Pay Salary New Office Extension Requirements
dismissed
L-1A
Entertainment
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign companies. Furthe...
Qualifying Relationship Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Automotive Parts
The appeal was dismissed because the petitioner failed to provide sufficient evidence to demonstrate that the beneficiary had been or would ...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Restaurant/Hospitality
The appeal was dismissed as moot. The beneficiary had already adjusted status to that of a permanent resident as of April 2, 2004, through a...
Managerial Capacity Mootness
dismissed
L-1A
Not Specified
The appeal was rejected because the underlying application was for an extension of stay filed on Form I-539. Per federal regulation 8 C.F.R....
8 C.F.R. § 214.1(C)(5) Appealability Of Form I-539 Denial
dismissed
L-1A
Importation
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director concluded that the petitioner did n...
Managerial Or Executive Capacity Doing Business Financial Ability To Remunerate Staffing
dismissed
L-1A
Hospitality
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a permanent resident through a s...
Managerial Or Executive Capacity Mootness
dismissed
L-1A
Dry Cleaning And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Employment In An Executive Capacity Definition Of Executive Capacity Detailed Description Of Job Duties Staffing Levels
dismissed
L-1A
Entertainment
The appeal was dismissed, affirming the director's decision. The director determined that the petitioner failed to establish a qualifying re...
Qualifying Relationship Managerial/Executive Capacity New Office Requirements
dismissed
L-1A
Automotive Parts
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that the beneficiary had been or would b...
Managerial Capacity Executive Capacity New Office Extension Staffing Levels Primarily Performing Qualifying Duties
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to overcome the director's initial findings. The director determined the petitioner d...
Doing Business In The U.S. Financial Ability To Pay Salary Sufficient Physical Premises Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to overcome the director's findings. Specifically, the petitioner did not establish t...
Managerial Or Executive Capacity Doing Business Financial Ability Sufficient Physical Premises New Office Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director concluded that the petitioner did n...
Managerial Or Executive Capacity Qualifying Relationship New Office Provisions
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the benefi...
Managerial Capacity Executive Capacity Qualifying Relationship New Office
dismissed
L-1A
Auto Parts
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
Bakery
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Qualifying Relationship New Office Requirements
dismissed
L-1A
Clothing Distribution
The appeal was dismissed because the petitioner failed to demonstrate that the new U.S. office would be able to support an executive or mana...
Sufficient Physical Premises For New Office Ability To Support A Managerial/Executive Position Within One Year Financial Ability To Commence Doing Business
dismissed
L-1A
Package Design And Import/Wholesale
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house its new office...
Sufficient Physical Premises For A New Office
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily executive capacity. The AAO...
Executive Capacity Primarily Performing Executive Duties New Office Extension Requirements Detailed Description Of Services To Be Performed
dismissed
L-1A
Medical Supplies Distribution
The appeal was dismissed because the petitioner failed to provide sufficient evidence to establish a qualifying corporate relationship betwe...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Industrial Equipment Distribution
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 Supervisory Manager Functional Manager
dismissed
L-1A
Commercial Printing
The appeal was dismissed because the petitioner failed to establish a sufficient financial investment to commence doing business in the Unit...
New Office Requirements Sufficient Investment Financial Ability To Commence Business Support Of A Managerial/Executive Position
dismissed
L-1A
Security Alarm Sales
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship Doing Business Managerial/Executive Capacity New Office Extension Requirements
dismissed
L-1A
Import/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
dismissed
L-1A
Wholesale Retail
The motion to reconsider was granted because the AAO's prior decision applied an incorrect legal standard, requiring the beneficiary to meet...
Managerial Capacity Executive Capacity Primarily Employed In Qualifying Capacity Supervision Of Staff
dismissed
L-1A
Satellite Television
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Qualifying Organization Doing Business Failure To Identify Error On Appeal
dismissed
L-1A
Transportation
The appeal was summarily dismissed because the petitioner failed to establish eligibility at the time of filing. The petitioner, seeking to ...
New Office Sufficient Physical Premises Managerial/Executive Capacity One-Year Prior Employment Summary Dismissal
dismissed
L-1A
Used Clothing Export
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify an erroneous conclusion of law or statem...
Managerial Or Executive Capacity New Office Extension Failure To Identify Error On Appeal
dismissed
L-1A
Used Clothing Export
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
Managerial/Executive Capacity New Office Extension Requirements Appeal Requirements
dismissed
L-1A
Transportation
The appeal was summarily dismissed because the petitioner failed to establish eligibility at the time of filing. The petitioner admitted it ...
New Office Requirements Sufficient Physical Premises Eligibility At Time Of Filing
dismissed
L-1A
Educational 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 Employment Abroad In A Managerial/Executive Capacity
dismissed
L-1A
Satellite Television
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Qualifying Organization Managerial Or Executive Capacity Failure To Identify Error On Appeal Eligibility At Time Of Filing
remanded
L-1A
Seafood Import
The director's decision was withdrawn because the petitioner successfully demonstrated that the beneficiary would be employed in a primarily...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
L-1A
Sales / Educational Materials
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
remanded
L-1A
Seafood Import
The AAO found the director erred in concluding the beneficiary's role was not primarily managerial or executive, noting the beneficiary supe...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
L-1A
Internet Postal Services
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary was employed primarily in a manag...
Managerial Or Executive Capacity Doing Business Staffing
dismissed
L-1A
Wholesale Retail
The AAO granted the motion to reconsider, acknowledging an error in its prior legal reasoning which required the beneficiary to meet both ma...
Managerial Capacity Executive Capacity Supervision Of Staff
dismissed
L-1A
Home Furnishings And Garments
The appeal was dismissed because the petitioner failed to establish that the beneficiary has been and will be employed in a primarily execut...
Managerial Capacity Executive Capacity New Office Extension Requirements
remanded
L-1A
Retail/Wholesale
The director denied the petition, concluding the petitioner failed to establish that the beneficiary was employed by the foreign entity for ...
One Continuous Year Of Employment Abroad Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Web Design And Advertising
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, not on its merits. The dismissal occurred because the petitioner's counsel formally requeste...
dismissed
L-1A
Hospitality Management
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Managerial Capacity Executive Capacity
dismissed
L-1A
Personnel Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment would be in a primarily managerial or ...
Managerial Capacity Executive Capacity
dismissed
L-1A
Jewelry
The appeal was dismissed because the petitioner, a new office, failed to demonstrate that its U.S. operations would support a primarily mana...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support A Manager/Executive Within One Year
dismissed
L-1A
Manufacturing And Trading
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 Requirements Staffing Levels
dismissed
L-1A
Restaurant Business
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director concluded that the petitioner did n...
Managerial Or Executive Capacity Doing Business Qualifying Organization Sufficient Income To Support Manager Staffing
dismissed
L-1A
Gems And Jewelry
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary's proposed role as Vice President ...
Managerial Capacity Executive Capacity
dismissed
L-1A
Seafood Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed by the foreign entity primarily i...
One Year Of Foreign Employment Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Automobile 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 New Office Extension Requirements Staffing Levels Primarily Managerial Or Executive Duties
dismissed
L-1A
Fruit Drink Distribution
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement...
Qualifying Relationship One Year Prior Employment Managerial Capacity Failure To State Specific Error On Appeal
dismissed
L-1A
Computer Consulting
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial/Executive Capacity
dismissed
L-1A
Business Consulting
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 New Office Extension Requirements
dismissed
L-1A
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 Staffing Levels New Office Extension
dismissed
L-1A
Construction Supplies 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 Extension Requirements
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 dir...
Qualifying Relationship Managerial Or Executive Capacity Stock Ownership
dismissed
L-1A
Arts And Crafts
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 Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Construction
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in the United States in a...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Investment
The appeal was dismissed because the petitioner failed to submit sufficient evidence to establish that the beneficiary would be employed in ...
Managerial Capacity Executive Capacity Job Duties
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