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 31 of 43
dismissed
L-1A
Digital Commerce
The appeal was dismissed because the record did not establish that the beneficiary would be employed primarily in an executive capacity. Man...
Executive Capacity Job Duties Staffing Levels
sustained
L-1A
Recruitment
The initial petition was denied because the Director found the record did not establish that the Beneficiary was employed abroad in a manage...
Managerial Capacity (Abroad) Function Manager
dismissed
L-1A
Retail 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 Staffing Levels Organizational Structure Qualifying Relationship
dismissed
L-1A
Technology 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 Staffing Levels New Office
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad, or would be employed in the U....
Managerial Capacity (Abroad) Managerial Capacity (U.S.) One Year Of Employment Abroad Qualifying Relationship Doing Business
dismissed
L-1A
Law
The appeal was dismissed because the petitioner, a law firm, did not qualify as an affiliate under the specific definition it cited. The AAO...
Qualifying Relationship Blanket Petition Requirements Affiliate Definition
dismissed
L-1A
Travel Agency
The appeal was dismissed because the petitioner did not overcome the grounds for denial. Although the AAO found the petitioner had secured s...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity (New Office) Qualifying Relationship With Foreign Employer Sufficient Physical Premises For New Office
dismissed
L-1A
Product Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying executi...
Executive Capacity Managerial Capacity Job Duties Staffing Levels New Office Extension
dismissed
L-1A
Consulting
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship Doing Business Managerial Or Executive Capacity
sustained
L-1A
Smart Home Technology
The appeal was sustained because, upon de novo review, the AAO found that the petitioner had established the new office would more likely th...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support Managerial Position Within One Year Organizational Structure
dismissed
L-1A
Investment Consulting
The appeal was dismissed because the petitioner did not provide sufficient evidence to show that the new U.S. office would have the ability ...
Sufficient Physical Premises Employment Abroad In A Managerial/Executive Capacity New Office Supporting A Managerial/Executive Position Within One Year
dismissed
L-1A
Unknown
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Summary Dismissal Procedure
sustained
L-1A
Data Analysis
The appeal was sustained because the petitioner provided sufficient evidence to establish that the beneficiary was employed abroad and would...
Employment In A Managerial Capacity
dismissed
L-1A
Currency Exchange
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a primarily managerial position w...
Managerial Capacity New Office Requirements Beneficiary'S Job Duties
sustained
L-1A
Fitness
The Director initially denied the petition, finding the evidence insufficient to show the new office would support a managerial or executive...
Managerial Or Executive Capacity New Office Requirements Staffing Levels Business Expansion Plans
dismissed
L-1A
Unknown
The appeal was summarily dismissed because the Petitioner failed to submit a brief or additional evidence after filing the appeal. Since the...
Failure To Identify Erroneous Conclusion Of Law Or Fact
dismissed
L-1A
Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Executive Capacity Managerial Capacity Staffing Levels Duties Of The Beneficiary New Office Extension Requirements
dismissed
L-1A
Veterinary Products
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Managerial Or Executive Capacity Qualifying Relationship Sufficient Physical Premises
dismissed
L-1A
Shipping
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a managerial capacity. The j...
Managerial Capacity (Abroad) Function Manager Qualifying Relationship
dismissed
L-1A
Film And Television Production
The appeal was dismissed because the petitioner failed to prove that the foreign entity was still a qualifying organization. Investigators f...
Qualifying Relationship Doing Business
dismissed
L-1A
Shipping
The appeal was dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Dismiss and Request for Evidence (NO...
Existence Of Qualifying Organization Doing Business Qualifying Relationship Response To Rfe/Noid
dismissed
L-1A
Property Management
The appeal was dismissed because the petitioner did not establish that its new office would be able to support a managerial or executive pos...
New Office Requirements Managerial Capacity Executive Capacity
dismissed
L-1A
Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying executi...
Executive Capacity Beneficiary'S Job Duties Staffing Levels New Office Extension
sustained
L-1A
Technology Management
The appeal was sustained because the petitioner established that the beneficiary would be employed in a managerial capacity. The evidence de...
Managerial Capacity
dismissed
L-1A
Restaurant Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executiv...
Managerial Capacity Executive Capacity Employment Abroad New Office Requirements Staffing Levels Job Duties
dismissed
L-1A
Jewelry Retail
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's day-to-day job du...
Managerial Or Executive Capacity New Office Requirements Ability To Support Position Within One Year Job Duties
sustained
L-1A
Automotive Manufacturing
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary would be employed as a function manager. Evid...
Managerial Or Executive Capacity Function Manager
dismissed
L-1A
Shipping
The motion to reopen/reconsider was denied, upholding the prior dismissal. The AAO found that the petitioner failed to overcome the finding ...
One-Year Prior Employment Executive Capacity (Abroad) Executive Capacity (U.S.) Misrepresentation Of Facts
dismissed
L-1A
Wholesale
The appeal was dismissed because the petitioner underwent a fundamental change in its business, from a sporting goods wholesaler to operatin...
Managerial Or Executive Capacity New Office Extension Requirements Amended Petition For Material Changes Staffing Levels Nature Of The Business
dismissed
L-1A
Advertising
The appeal was dismissed because the petitioner failed to respond to a Notice of Intent to Dismiss and Request for Evidence (NOID/RFE). The ...
Managerial Or Executive Capacity Qualifying Relationship Between Petitioner And Foreign Employer Continuity Of Employment Abroad
dismissed
L-1A
Medical Supplies
The appeal was dismissed because the petitioner failed to establish that its new office would support a primarily executive position within ...
New Office Requirements Executive Capacity Staffing Levels Job Duties Business Plan
remanded
L-1A
Import/Export And It Services
The Director's decision was withdrawn and the case was remanded. The AAO found that the Director improperly denied the Petitioner's motion t...
Managerial Or Executive Capacity Motion To Reopen New Facts
sustained
L-1A
Automotive Accessories
The appeal was sustained because the petitioner overcame the Director's findings that the beneficiary was not employed abroad in a manageria...
Managerial Capacity (Abroad) Nature Of Subordinates' Roles
dismissed
L-1A
Goods Exportation
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 Job Duties Organizational Structure New Office
sustained
L-1A
Telecommunications
The appeal was sustained because the petitioner provided sufficient evidence to overcome the initial denial. The AAO concluded that the bene...
Managerial Capacity In The Us Managerial Capacity Abroad
dismissed
L-1A
Consulting Services
The appeal was dismissed because the petitioner failed to prove that its foreign parent company continues to do business as a qualifying org...
Doing Business Abroad Qualifying Organization New Office Extension
dismissed
L-1A
Retail Grocery
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a managerial or executive positio...
New Office Requirements Managerial Or Executive Capacity Sufficient Physical Premises Support For Managerial Position Within One Year Qualifying Employment Abroad Staffing Levels
dismissed
L-1A
Car Rental
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a qualifying executi...
Executive Capacity Managerial Capacity Staffing Levels Job Duties New Office Extension
dismissed
L-1A
Packaging And Printing
The motion to reconsider a previously dismissed appeal was denied. The petitioner failed to meet the requirements for a motion to reconsider...
Managerial Or Executive Capacity (Abroad) One Year Of Continuous Employment Abroad New Office Requirements Duties Of Subordinates
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the new office would support the beneficiary in a managerial capaci...
New Office Requirements Managerial Capacity Ability To Support Position Within One Year Sufficient Physical Premises Beneficiary'S Job Duties
dismissed
L-1A
Printing And Advertising
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Managerial Capacity New Office Extension Job Duties Staffing Levels
dismissed
L-1A
Biotechnology
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.) Function Manager
dismissed
L-1A
Marketing Research
The motion to reopen was denied because the petitioner failed to prove the beneficiary would be employed primarily in an executive capacity....
Executive Capacity Directing A Major Function Temporary Employment Discretionary Decision-Making
dismissed
L-1A
Airline Ticket Wholesale
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Executive Capacity Job Duties 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 managerial or exec...
Managerial Capacity Executive Capacity Organizational Structure Staffing Levels Job Duties
dismissed
L-1A
Marketing
The appeal was dismissed because the petitioner failed to demonstrate that the new U.S. office would employ the beneficiary in a primarily e...
Executive Capacity New Office Requirements Staffing Levels Sufficient Physical Premises
dismissed
L-1A
Investment Consulting
The appeal was dismissed because the petitioner failed to establish that the new office would support the beneficiary in a primarily manager...
New Office Requirements Managerial Capacity (Us Position) Executive Capacity (Us Position) Managerial Or Executive Capacity (Foreign Position)
dismissed
L-1A
Property Management And Equine Investment
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying executive or ma...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Ability To Support A Managerial Or Executive Position Definition Of Executive Capacity
dismissed
L-1A
Shipping Logistics
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship One Year Of Employment Abroad
dismissed
L-1A
Venture Capital
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad in a qualifying managerial or exe...
Managerial Capacity Executive Capacity Function Manager
dismissed
L-1A
E-Commerce
The appeal was dismissed because the petitioner failed to prove the beneficiary completed the required one continuous year of employment abr...
Sufficient Physical Premises For New Office One Continuous Year Of Employment Abroad Employed Abroad In A Managerial Or Executive Capacity Support A Managerial Or Executive Position Within One Year
dismissed
L-1A
Martial Arts
The appeal was summarily dismissed because the petitioner failed to identify a specific, erroneous conclusion of law or statement of fact in...
Failure To Identify Specific Error Of Law Or Fact
sustained
L-1A
Computer Manufacturing
The Director initially denied the petition, concluding the beneficiary would primarily perform non-managerial duties. The AAO sustained the ...
Managerial Capacity Personnel Manager Function Manager
sustained
L-1A
Restaurant Management
The Director initially denied the petition for failing to establish a qualifying relationship between the U.S. petitioner and the beneficiar...
Qualifying Relationship New Office Common Ownership/Control
dismissed
L-1A
Automotive
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad, or would be employed in the U.S....
Employment Abroad In An Executive Capacity Proposed U.S. Employment In An Executive Capacity Staffing Levels
dismissed
L-1A
International Shipping
The appeal was dismissed because the petitioner failed to establish that the new office would support the beneficiary in a managerial capaci...
Managerial Capacity New Office Requirements Ability To Support A Managerial Position Within One Year Beneficiary'S Proposed Job Duties
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S. in a managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Staffing Levels Documentation Of U.S. Business Operations
dismissed
L-1A
Information Technology
The Director denied the petition, concluding that the record did not establish the Beneficiary would be employed in a managerial capacity, p...
Managerial Capacity Executive Capacity Staffing Levels New Office Requirements Managerial Vs. Operational Duties
dismissed
L-1A
Device Repair Services
The appeal was dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Dismiss and Request for Evidence (NO...
Abandonment Failure To Respond To Rfe Existence Of Importing Employer Qualifying Relationship Conducting Business
remanded
L-1A
Furniture Manufacturing
The AAO found that the Director improperly dismissed the motion to reconsider. The Director did not adequately consider the petitioner's bri...
Sufficient Physical Premises Employment Abroad In A Managerial/Executive Capacity Managerial/Executive Capacity In The U.S.
remanded
L-1A
Import
The appeal was remanded because the Director's denial decision lacked sufficient analysis for each ground of denial. The AAO found the Direc...
Doing Business One Year Of Qualifying Employment Abroad Managerial Or Executive Capacity Fraud Or Misrepresentation
dismissed
L-1A
Sales Management
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial capacity. The su...
Managerial Capacity (U.S. Position) New Office Requirements Managerial Capacity (Foreign Position) One Year Of Continuous Employment Abroad
dismissed
L-1A
Import And Trading
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Managerial Capacity
dismissed
L-1A
Gymnastics
The appeal was dismissed because the matter was considered moot. The Beneficiary had already adjusted her status to that of a U.S. permanent...
Managerial Or Executive Capacity Mootness Due To Adjustment Of Status
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Executive Capacity Job Duties Staffing Levels Organizational Structure
dismissed
L-1A
Medical Travel Services
The appeal was dismissed because the petitioner failed to resolve significant and material inconsistencies regarding the beneficiary's emplo...
One Year Continuous Employment Abroad Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Restaurant
The appeal was dismissed because the Petitioner failed to establish a qualifying relationship with the Beneficiary's foreign employer. The D...
Qualifying Relationship Affiliate Relationship Ownership And Control
dismissed
L-1A
Transportation And Logistics
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed in a qualifying executive or managerial ...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. New Office Requirements Sufficient Physical Premises One Year Continuous Employment Abroad
dismissed
L-1A
Retail
The motion to reconsider the dismissal was denied because the petitioner failed to demonstrate error in the prior decision. The petitioner d...
Managerial Capacity (New Office) Function Manager Financial Ability Of Foreign Entity Sufficient Physical Premises
dismissed
L-1A
Tennis Academy
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial capacity in the U...
Managerial Capacity Executive Capacity
dismissed
L-1A
Auto Parts
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed primarily in a qualifying executi...
Executive Capacity Job Duties Staffing Levels Organizational Structure
dismissed
L-1A
Retail
The appeal was dismissed because it was filed against the denial of a motion to reconsider, not the original petition denial. The AAO found ...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity Requirements For A Motion To Reconsider
dismissed
L-1A
Goods Exportation
The motion to reopen was denied because the petitioner did not submit new evidence establishing eligibility at the time of the original fili...
Managerial Capacity Qualifying Relationship Staffing Levels Organizational Structure
dismissed
L-1A
3D Printing Equipment
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the U.S. would be primarily ...
Managerial Capacity (Abroad) Managerial Capacity (Us) Staffing Levels
dismissed
L-1A
Computers And Electronics
The appeal was dismissed because the Petitioner failed to establish a qualifying affiliate relationship with the Beneficiary's foreign emplo...
Qualifying Relationship Managerial Or Executive Capacity Employment Abroad
dismissed
L-1A
Amusement Park Rides
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer, citing ambiguous an...
Qualifying Relationship Managerial Or Executive Capacity Deference To Prior Approval Doing Business
sustained
L-1A
Grocery Wholesale
The appeal was sustained because the petitioner successfully demonstrated that both the beneficiary's foreign and U.S. positions were manage...
Managerial Capacity Abroad Managerial Capacity In The U.S.
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity New Office Status Job Duties Staffing Levels
sustained
L-1A
Information Technology
The Director denied the petition because the record did not establish the Beneficiary would be employed in a managerial or executive capacit...
Managerial Capacity Executive Capacity
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary had one continuous year of full-time employment abr...
One Year Of Continuous Employment Abroad Employed Abroad In A Managerial Or Executive Capacity Employed In The Us In A Managerial Or Executive Capacity
dismissed
L-1A
Online Education
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Managerial Capacity Executive Capacity Employment Abroad New Office Requirements Sufficient Physical Premises
dismissed
L-1A
Internet Cafe
The appeal was dismissed because the record did not establish that the beneficiary was employed abroad in a qualifying managerial or executi...
Employment Abroad In A Managerial Or Executive Capacity New Office Will Support A Managerial Or Executive Position
dismissed
L-1A
Education
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a managerial position within one ...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) New Office Requirements
dismissed
L-1A
International 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
remanded
L-1A
Supply Chain Solutions
The AAO found the petitioner did establish the beneficiary would be employed in a primarily managerial capacity in the U.S., withdrawing the...
Employment In The United States In A Primarily Managerial Or Executive Capacity Employment Abroad In A Primarily Managerial Or Executive Capacity For One Continuous Year
remanded
L-1A
Real Estate Development
The Director denied the petition using an incorrect analysis, focusing on whether the beneficiary's subordinates qualified as managers. The ...
Executive Capacity Directs The Management Of The Organization Establishes The Goals And Policies Exercises Wide Latitude In Discretionary Decision-Making Receives Only General Supervision
dismissed
L-1A
Vaping Products
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
remanded
L-1A
Automotive Manufacturing
The appeal was remanded because while the petitioner sufficiently addressed the initial grounds for revocation (doing business and manageria...
Doing Business Managerial Or Executive Capacity Identity Of The Petitioner Qualifying Relationship
dismissed
L-1A
E-Commerce / Art Framing
The motion to reconsider was dismissed because the petitioner failed to identify an error of law or policy in the prior decision, which is t...
Executive Capacity Managerial Capacity Organizational Structure Job Duties
dismissed
L-1A
Export
The motion to reconsider was denied because the petitioner failed to show the previous decision was based on an incorrect application of law...
Managerial Capacity Qualifying Relationship Staffing Levels
remanded
L-1A
Bakery
The matter was remanded because the Director failed to properly apply the specific "new office" regulations, which allow the petitioner up t...
Executive Capacity New Office Requirements Business Plan Organizational Structure Daily Job Duties
dismissed
L-1A
Furniture Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Staffing Levels Job Duties
sustained
L-1A
Oil Production
The appeal was sustained because the AAO found that the Director had not adequately considered the evidence. The record showed that both the...
Managerial Capacity Executive Capacity Qualifying Employment Abroad
dismissed
L-1A
Minerals
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S., or had been employed...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) Qualifying Relationship
dismissed
L-1A
Textile Manufacturing
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily executive capacity. Th...
Executive Capacity Managerial Capacity Staffing Levels
dismissed
L-1A
Automotive
The appeal was dismissed as moot. The Director's decision was certified to the AAO for review, and the AAO had already reviewed it and issue...
Managerial Or Executive Capacity
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
dismissed
L-1A
Car Dealership
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity
dismissed
L-1A
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 Job Duties
dismissed
L-1A
Retail
The motion to reconsider was dismissed because the petitioner failed to properly address the basis of the previous appeal's dismissal, which...
Executive Capacity Sufficient Staffing Primarily Performing Qualifying Duties New Office Extension
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