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 3 of 43
dismissed
L-1A
Florescent Lighting
The appeal was rejected because it was not filed within the required timeframe of 33 days after the director's decision. Furthermore, the ap...
Timely Filing Of Appeal Standing To File Appeal Properly Signed Appeal Form
dismissed
L-1A
Manufacturing
The motion to reopen was dismissed primarily because the issue was moot, as the beneficiary had already adjusted status to a permanent resid...
Managerial Or Executive Capacity Mootness Procedural Requirements For Motion To Reopen
remanded
L-1A
Electronic Payment Services
The director denied the petition because the U.S. company was established more than one year before filing and was therefore not considered ...
New Office Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Retail
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
Printing
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
General Merchandise
The appeal was rejected because it was improperly filed as an appeal of a prior AAO decision. The AAO lacks jurisdiction to hear appeals of ...
Managerial Or Executive Capacity Appellate Jurisdiction Motion To Reopen Or Reconsider
dismissed
L-1A
Real Estate Development
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence to challenge the director's decisi...
Qualifying Relationship Between U.S. And Foreign Entity Beneficiary'S Employment In A Managerial Or Executive Capacity Abroad One Year Of Continuous Employment Abroad U.S. Company'S Ability To Support A Managerial/Executive Position
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that it and the foreign entities were qualifying organizations. Specific...
Qualifying Organization Ownership And Control Doing Business New Office Requirements
dismissed
L-1A
Roofing Contractor
The appeal was rejected because it was improperly filed by an individual who was not authorized to represent the petitioner. The AAO determi...
Managerial Capacity Authorized Representative Improper Filing Of Appeal
dismissed
L-1A
Business
The appeal was summarily dismissed because the petitioner failed to respond to the director's Request for Evidence in a timely and adequate ...
Managerial Or Executive Capacity Staffing Provision Of Goods Or Services
dismissed
L-1A
Business
The motion to reopen was rejected primarily because it was untimely, filed nearly five months after the AAO's decision, far exceeding the 30...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Timeliness Of Motion New Facts For Motion To Reopen
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
Ski And Car Valet Service
The appeal was rejected on procedural grounds, not decided on its merits. The AAO determined the appeal was filed by the beneficiary's couns...
Managerial Or Executive Capacity Sufficient Physical Premises New Office Requirements Proper Party To File An Appeal Timely Filing Of Appeal
dismissed
L-1A
Import/Export Trading
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
Cellular Telephone Accessories
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to submit a brief or additional evidence identifyi...
Primarily Executive Or Managerial Capacity New Office Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Wholesale 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
Gas Station And Convenience Store
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 Forwarding
The appeal was rejected because it was not filed in a timely manner. The appeal was filed 34 days after the decision was mailed, exceeding t...
Timely Filing Of Appeal
dismissed
L-1A
Shipping Management
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily executive or man...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. Additio...
Qualifying Relationship Managerial Or Executive Capacity Staffing Doing Business
dismissed
L-1A
Property Maintenance
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily managerial or executiv...
Managerial Or Executive Capacity Staffing Levels New Office Extension Requirements
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
dismissed
L-1A
Retail And Real Estate
The appeal was dismissed because the petitioner failed to overcome the director's initial findings. The director concluded that the petition...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension
dismissed
L-1A
Resort Marketing And 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
dismissed
L-1A
Import And Export
The appeal was summarily dismissed because the petitioner failed to submit a brief or additional evidence after indicating it would do so. T...
Managerial Or 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
dismissed
L-1A
Hospitality
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner's counsel did not specifi...
One Year Of Qualifying Employment Abroad Employment In A Primarily Executive Or Managerial Capacity Ability To Support An Executive Or Managerial Position Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact On Appeal
dismissed
L-1A
Automotive Repair
The appeal was dismissed because the petitioner failed to demonstrate that the new U.S. office would support an executive or managerial posi...
Ability Of New Office To Support A Managerial/Executive Position Within One Year Securing Sufficient Physical Premises For The New Office Beneficiary'S Prior Employment In A Managerial Or Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Financial Ability And Investment To Commence Business
dismissed
L-1A
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the foreign entity was 'doing business' at the time of filing. The ...
Doing Business Managerial Or Executive Capacity One Year Continuous Employment Abroad Qualifying Organization
dismissed
L-1A
Business
The appeal was rejected because it was improperly filed by the beneficiary's counsel. Under regulations, the beneficiary of a visa petition ...
Standing To Appeal Managerial Or Executive Capacity
dismissed
L-1A
Automotive Repair
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Managerial Or Executive Capacity Procedural Grounds For Appeal
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily executive or manageria...
Managerial Capacity Executive Capacity New Office Extension Staffing Levels
remanded
L-1A
Electronics
The director initially denied the L-1A new office extension, concluding the petitioner had not proven it was 'doing business' for the entire...
Doing Business For The Previous Year New Office Extension Requirements Qualifying Organizations
dismissed
L-1A
Furniture Import And Distribution
The director initially denied the petition because the record did not demonstrate that the beneficiary would be employed in a primarily mana...
Managerial Capacity Executive Capacity
dismissed
L-1A
Corporate Communication And Market Research
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 Doing Business
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on July 28, 2006, but the appeal was received on A...
Timely Filing Of Appeal
dismissed
L-1A
Unknown
The appeal was dismissed because it was untimely filed. The petitioner filed the appeal with the correct service center 42 days after the de...
Timeliness Of Appeal Treating Late Appeal As Motion To Reopen/Reconsider
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities, and tha...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Unknown
The appeal was rejected as untimely filed. The decision was issued on November 9, 2005, and the appeal was not properly filed with the Texas...
Timely Filing Of Appeal
dismissed
L-1A
Hotel And Resort Industry
The appeal was rejected because it was improperly filed by the beneficiary, who is not an authorized party to file an appeal. Additionally, ...
Improper Filing By Beneficiary Failure To Identify Specific Errors Failure To Submit Brief Or Evidence
dismissed
L-1A
Hotel Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship, as the director concluded that control of the...
Qualifying Organization New Office Extension Requirements Doing Business For One Year Control By Foreign Entity
dismissed
L-1A
Furniture
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to properly submit a brief or additional evidence ...
Managerial Or Executive Capacity Doing Business For One Year
dismissed
L-1A
Import/Export
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Managerial Or Executive Capacity Doing Business (New Office) Failure To Identify Error On Appeal
dismissed
L-1A
Cleaning Services
The appeal was summarily dismissed because the petitioner failed to provide sufficient evidence to support the extension of its 'new office'...
Managerial Or Executive Capacity New Office Extension Requirements Doing Business Staffing Levels Financial Status Failure To Submit Requested Evidence
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to provide sufficient evidence of capitalization for the new U.S. office. Although th...
Size Of The United States Investment Financial Ability To Commence Doing Business In The United States New Office Requirements
dismissed
L-1A
Unknown
The motion to reconsider was dismissed because the petitioner's counsel requested that the motion be withdrawn. The decision was purely proc...
dismissed
L-1A
Jewelry
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 Extension
dismissed
L-1A
Computer Hardware And Software
The appeal was rejected on procedural grounds because it was filed by the beneficiary, who is not a recognized party authorized to file an a...
Petitioner'S Legal Entity Status Qualifying Relationship Between U.S. And Foreign Entities One Year Of Continuous Full-Time Employment Abroad Employment In A Managerial Or Executive Capacity Proper Filing Of Appeal By An Authorized Party
dismissed
L-1A
Building Materials Export
The appeal was dismissed because the petitioner failed to prove that sufficient physical premises had been secured to house the new office a...
Sufficient Physical Premises For New Office Employment In A Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Retail Services
The appeal was dismissed because the petitioner failed to establish that the U.S. entity, a new office, would support a primarily managerial...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Import/Export
The appeal was rejected as improperly filed because it was untimely. The notice of appeal was received 32 days after the director's decision...
Managerial Or Executive Capacity One Year Qualifying Employment Abroad
dismissed
L-1A
Export Of Building Materials
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises to house the new office, a k...
Sufficient Physical Premises New Office Requirements Managerial/Executive Capacity Abroad Qualifying Relationship
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 Qualifying Relationship Between Entities Credibility Of Evidence
dismissed
L-1A
Construction Materials
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily executive or man...
Managerial Capacity Executive Capacity Doing Business Staffing Of A New Office
dismissed
L-1A
Retirement Planning Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity (U.S.)
dismissed
L-1A
Trade And Import
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 In The U.S. Managerial Or Executive Capacity Abroad Sufficient Funds For New Enterprise
dismissed
L-1A
Textile Retail
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
dismissed
L-1A
Animal Breeding
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive...
Beneficiary'S Employment In A Primarily Managerial Or Executive Capacity Abroad Beneficiary'S Proposed Employment In A Primarily Managerial Or Executive Capacity In The U.S.
dismissed
L-1A
Imports And Tourism
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that the beneficiary would be employed i...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Construction Materials
The appeal was rejected, which is a procedural dismissal, because it was not properly filed by an authorized party. The Form G-28 (Notice of...
Sufficient Physical Premises Qualifying Relationship Improperly Filed Appeal
dismissed
L-1A
Importer
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 Between Organizations Staffing Levels New Office Extension Requirements
dismissed
L-1A
Wine Business
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
Shipping
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 Employment Abroad New Office Requirements
dismissed
L-1A
Gasoline Station
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
Dairy Farm
The appeal was rejected on procedural grounds, which constitutes a dismissal. The AAO found that the appeal was not filed within the require...
New Office Requirements Managerial Or Executive Capacity Timely Filing Of Appeal Standing To Appeal
dismissed
L-1A
Manufacturing
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
dismissed
L-1A
Unknown
The appeal was dismissed because counsel for the petitioner formally requested to withdraw it. The decision was procedural and not based on ...
dismissed
L-1A
Business
The appeal was dismissed because counsel for the petitioner formally requested to withdraw the appeal. The decision was not based on the mer...
Withdrawal Of Appeal
dismissed
L-1A
Counseling And Therapy Services
The appeal was dismissed because the petitioner failed to prove sufficient funding or capitalization was provided by the foreign entity to t...
Sufficient Funding/Capitalization For New Office Sufficient Physical Premises For New Office Beneficiary'S Prior Employment In A Managerial/Executive Capacity Ability Of New Office To Support A Manager/Executive Within One Year
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw the appeal. The AAO did not conduct a substantive r...
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, not on the merits of the case. The dismissal occurred because the petitioner's counsel submi...
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested to withdraw it. The decision was not based on the merits of the case.
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested to withdraw it. The decision was not based on the merits of the case, bu...
dismissed
L-1A
Design And Advertising
The appeal was dismissed. Although the AAO withdrew the director's finding on the lack of a qualifying relationship, the director had denied...
Qualifying Relationship Managerial/Executive Capacity (Abroad) One Year Of Prior Employment New Office Requirements Managerial/Executive Capacity (U.S.)
dismissed
L-1A
Home Cleaning
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party authorized to file an appeal. Regu...
Sufficient Physical Premises Support For Managerial/Executive Position (New Office) Standing To Appeal
dismissed
L-1A
Sporting Goods
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
Management Consulting
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Qualifying Organization Doing Business Abroad Procedural Grounds For Appeal
dismissed
L-1A
Software Consulting
The motion to reopen or reconsider was dismissed as moot. The decision notes that the beneficiary has already adjusted status to that of a p...
Managerial Or Executive Capacity
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary's employment, both in the U.S. and previously abroa...
Managerial Capacity Executive Capacity
dismissed
L-1A
Import/Export
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact, ...
Managerial Or Executive Capacity Qualifying Relationship One Year Of Prior Employment Abroad
dismissed
L-1A
Child Development Services
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 Affiliate Parent New Office Requirements Ownership And Control
dismissed
L-1A
Lubricant 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 New Office Extension Requirements Staffing
dismissed
L-1A
Advertising Equipment
The appeal was rejected because it was not filed within the required timeframe. The director's decision was served on April 2, 2005, but the...
Timely Filing Of Appeal
dismissed
L-1A
Talent/Entertainment
The appeal was rejected because it was improperly filed. The appeal was submitted by the beneficiary's attorney, but regulations state that ...
Improperly Filed Appeal Qualifying Relationship Sufficient Physical Premises Managerial Or Executive Capacity
dismissed
L-1A
Investments
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily m...
Managerial Capacity Executive Capacity New Office Criteria Qualifying Relationship Employment Abroad
dismissed
L-1A
International Trade
The motion to reopen the appeal was dismissed for multiple procedural reasons. The motion was filed late, beyond the 30-day limit, and did n...
Managerial Or Executive Capacity Doing Business Motion To Reopen Requirements
dismissed
L-1A
Real Estate Investment
The appeal was dismissed because the petitioner failed to establish that a sufficient investment had been made in the United States operatio...
New Office Requirements Sufficient Investment Ability To Support Manager/Executive Role One Year Of Foreign Employment Organizational Structure
dismissed
L-1A
Cabinetry And Natural Stone
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises to house its new office. The evi...
Sufficient Physical Premises New Office Requirements Managerial Capacity Executive Capacity
dismissed
L-1A
Handicrafts
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
Language 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
Human Resources 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 Appeal Requirements Burden Of Proof Corporate Status
dismissed
L-1A
Gemstone Wholesale
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 Job Duties Staffing Levels
dismissed
L-1A
International Trade
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 New Office Funding/Capitalization For New Office New Office Requirements
dismissed
L-1A
Investment
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily executive or man...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Clothing Distribution
The appeal was rejected because it was not timely filed. The petitioner submitted the appeal 31 days after the director's decision was serve...
Timeliness Of Appeal Managerial Or Executive Capacity
dismissed
L-1A
Real Estate Investment
The appeal was dismissed because the petitioner failed to prove that the new U.S. entity had sufficient funding or capitalization at the tim...
New Office Requirements Sufficient Capitalization/Investment Financial Ability To Commence Business Eligibility At Time Of Filing
dismissed
L-1A
Unknown
The motion to reconsider was dismissed for being untimely and improperly filed. It was received over six months after the AAO's decision, fa...
Timeliness Of Motion Proper Filing Party (Petitioner Vs. Beneficiary) Properly Filed Appeal
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish at the time of filing that sufficient funding had been provided from the...
New Office Requirements Sufficient Funding And Capitalization Ability To Support An Executive Or Managerial Position
dismissed
L-1A
Retail
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
Consulting And Import
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
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