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 32 of 43
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner did not contest the substantive grounds for the revocation, focusing only on removing a pote...
Doing Business (Petitioner) Doing Business (Foreign Employer) Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Fraud Or Willful Misrepresentation
dismissed
L-1A
Wholesale Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Job Duties Staffing Levels New Office Extension
dismissed
L-1A
Software Solutions
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad primarily in a managerial capac...
Employment Abroad In A Managerial Capacity Proposed Employment In The U.S. In A Managerial Capacity Definition Of Managerial Capacity
dismissed
L-1A
Finance
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 Function Manager
dismissed
L-1A
Real Estate And Export
The motion to reopen and reconsider was denied, affirming the prior dismissal of the appeal. The petitioner failed to establish that the ben...
Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Employment) One-Year Foreign Employment Requirement Doing Business Qualifying Relationship
dismissed
L-1A
Food And Tour Services
The appeal was dismissed because the issue was rendered moot. While the appeal was pending, the petitioner filed a new L-1A petition for the...
Managerial Or Executive Capacity
dismissed
L-1A
Financial Services
The motion to reopen and reconsider was denied because the petitioner repeatedly sent its supplementary appeal materials to the wrong addres...
Employment In A Managerial Or Executive Capacity
dismissed
L-1A
Construction And Real Estate
The motion to reconsider was denied because the petitioner failed to establish that the prior decision was based on an incorrect application...
Managerial Or Executive Capacity Motion To Reconsider Requirements Motion To Reopen Requirements
dismissed
L-1A
Hardware Supply
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capa...
Managerial Capacity Executive Capacity Staffing Levels Organizational Structure
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity Job Duties Organizational Structure
dismissed
L-1A
Acting School
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Job Duties
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 Or Executive Capacity Qualifying Relationship One Year Of Continuous Employment Abroad New Office Criteria
dismissed
L-1A
Industrial Hardware Distribution
The motion to reconsider was denied because the petitioner failed to establish that the prior decision to dismiss the appeal was based on an...
Executive Capacity Managerial Capacity Staffing Levels Job Duties Organizational Structure
dismissed
L-1A
Medical Software
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial capacity....
Managerial Capacity Executive Capacity Function Manager Job Duties
sustained
L-1A
Hotel Operations
The appeal was sustained because the petitioner provided sufficient evidence on appeal to address the initial deficiencies. The new evidence...
Managerial Or Executive Capacity In The U.S. Managerial Or Executive Capacity Abroad Organizational Structure Duties Of Subordinate Employees
remanded
L-1A
Yacht Distribution
The Director's initial decision, which was based on the beneficiary's role abroad, was withdrawn because the petitioner sufficiently establi...
Executive Capacity Abroad Foreign Entity Staffing U.S. Entity Staffing U.S. Business Operations
remanded
L-1A
International Trade
The matter was remanded due to a procedural error. The Director's revocation decision was based on new grounds and derogatory information, s...
One Continuous Year Of Employment Abroad Employment In A Qualifying Capacity (Managerial/Executive) Procedural Requirements For Revocation Notice
dismissed
L-1A
Diving Training Materials
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Employment In A Managerial Or Executive Capacity Foreign Employer Continues To Do Business
dismissed
L-1A
Garden Decorations Manufacturing
The appeal was dismissed because the Petitioner failed to establish that its new office would support the Beneficiary in a primarily manager...
New Office Requirements Managerial Or Executive Capacity Supporting A Managerial Position Within One Year Beneficiary'S Proposed Duties Projected Staffing Business Plan
remanded
L-1A
Information Technology
The Director's denial was withdrawn due to material factual errors, specifically misattributing a subordinate's job description to the Benef...
Managerial Capacity Personnel Manager Function Manager Supervision Of Professional Employees
dismissed
L-1A
Corporate Travel And Events
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial or e...
Managerial Capacity Executive Capacity Organizational Structure Supervision Of Employees
sustained
L-1A
Pharmaceutical Manufacturing
The appeal was sustained because the petitioner provided sufficient evidence to establish that the beneficiary was employed in a qualifying ...
Managerial Capacity Abroad Executive Capacity In The Us
dismissed
L-1A
Architecture
The appeal was dismissed because the issue was rendered moot. The Beneficiary had already adjusted their status to that of a U.S. lawful per...
Managerial Or Executive Capacity
dismissed
L-1A
Software Development
The appeal was dismissed because the issue was deemed moot. The Beneficiary had subsequently been approved for permanent residency through a...
Managerial Or Executive Capacity
dismissed
L-1A
Aircraft Parts
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity Staffing Levels One-Year Prior Employment Abroad
dismissed
L-1A
Housekeeping Services
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial capacity....
Managerial Capacity Executive Capacity Job Duties Staffing Levels
dismissed
L-1A
Import And Distribution
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a primarily managerial capacity. The AA...
Managerial Capacity Staffing Levels New Office Extension Requirements
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 Managerial Capacity Job Duties Staffing Levels New Office Extension
dismissed
L-1A
Manufacturing And Trade
The appeal was dismissed because the petitioner failed to establish that the Beneficiary was employed abroad in a primarily managerial, rath...
Employment Abroad In Managerial Capacity Employment In The U.S. In Managerial Capacity New Office Requirements Managerial Capacity (Definition)
dismissed
L-1A
Automotive Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Job Duties Organizational Structure New Office Extension Requirements
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a manager...
Managerial Capacity Executive Capacity Staffing Levels New Office Requirements
dismissed
L-1A
Furniture
The appeal was dismissed because the petitioner failed to establish a 'qualifying relationship' with the beneficiary's foreign employer. The...
Qualifying Relationship Affiliate Status
dismissed
L-1A
Travel And Tourism
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 Performance Of Non-Qualifying Operational Duties Supervision Of Subordinates Organizational Structure
dismissed
L-1A
Wholesale
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 Job Duties New Office Extension
dismissed
L-1A
Freight Forwarding And Logistics
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity Executive Capacity Job Duties Organizational Structure Staffing Levels
dismissed
L-1A
Software
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Qualifying Relationship Managerial Capacity Executive Capacity Function Manager Job Duties Staffing Levels
sustained
L-1A
Wireless Communications
The appeal was sustained because the AAO found the Director incorrectly applied the statutory definition of managerial capacity to the prosp...
Managerial Or Executive Capacity New Office Requirements Staffing Levels
dismissed
L-1A
Business Investment
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in an executive capacity. At the ti...
Executive Capacity New Office Extension Doing Business Staffing Qualifying Relationship
dismissed
L-1A
Real Estate Development
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
Video Editing And Photo Retouching
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity Personnel Manager Supervision Of Professional Employees New Office Extension
sustained
L-1A
Real Estate
The Director denied the petition based on perceived discrepancies between the petitioner's organizational chart and its tax forms. The appea...
Managerial Or Executive Capacity Sufficient Staffing
sustained
L-1A
It Services
The appeal was sustained because the petitioner established by a preponderance of the evidence that the beneficiary would be employed in a p...
Managerial Capacity
dismissed
L-1A
Consumer Electronics
The appeal was dismissed due to significant discrepancies discovered during a post-adjudication site inspection. The petitioner's claimed bu...
Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Organic Agriculture
The appeal was dismissed because it challenged the denial of a motion to reopen and reconsider, not the original petition's denial. The AAO ...
New Office Physical Premises Employment Abroad In A Managerial Or Executive Capacity Proposed U.S. Employment In A Managerial Or Executive Capacity Motion To Reopen Standards Motion To Reconsider Standards Function Manager
sustained
L-1A
Aircraft Maintenance
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary was employed abroad and would be employed in ...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the new office would realistically support an executive position wi...
Executive Capacity New Office Requirements Job Duties Business Plan And Staffing
dismissed
L-1A
Computer Software Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capa...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Executive Capacity (U.S.) New Office Requirements Beneficiary'S Job Duties
dismissed
L-1A
Musical Instrument Retail
The motion to reconsider the appeal's dismissal was denied primarily because the petitioner failed to follow procedural rules, sending their...
New Office Requirements Managerial Or Executive Capacity (Us Position) Managerial Or Executive Capacity (Foreign Position) Business Plan Viability
dismissed
L-1A
Petroleum Industry
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Job Duties
dismissed
L-1A
Real Estate
The combined motion to reopen and reconsider was denied. The motion to reopen was denied because the petitioner failed to present new facts ...
One Year Of Continuous Employment Abroad Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Qualifying Relationship Doing Business New Office Requirements Motion To Reopen/Reconsider Requirements
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that its new office would be able to support the beneficiary in a manage...
Managerial Or Executive Capacity New Office Requirements Ability To Support Position Within One Year Business Plan Viability Organizational Structure
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to demonstrate it had secured sufficient physical premises for its new office, only p...
New Office Sufficient Physical Premises Support A Managerial Or Executive Position Within One Year
sustained
L-1A
Market Research
The initial denial was based on the conclusion that the Beneficiary was not employed in a managerial capacity abroad and would not be in the...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Supervision Of Professional Subordinates
dismissed
L-1A
Retail Management
The appeal was dismissed as moot. The decision notes that the beneficiary had already adjusted their status to that of a lawful permanent re...
Qualifying Relationship New Office
sustained
L-1A
Engineered Sales
The appeal was sustained because the petitioner provided additional evidence demonstrating the beneficiary will be employed in a managerial ...
Managerial Capacity Executive Capacity
dismissed
L-1A
Restaurant Operations
The appeal was dismissed because the petitioner failed to establish that the new office would support the beneficiary in a primarily executi...
Employment In An Executive Capacity New Office Requirements Ability To Support Position Within One Year Proposed Job Duties
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner did not establish that the new office would support the beneficiary in a primarily executive...
New Office Executive Capacity Ability To Support Position Within One Year Organizational Structure Staffing
dismissed
L-1A
E-Commerce
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Employment In A Managerial Or Executive Capacity Executive Capacity
dismissed
L-1A
Food Import And Wholesale
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Job Duties Staffing Levels New Office Extension
dismissed
L-1A
Textiles
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity Executive Capacity Function Manager
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 capacit...
Managerial Capacity New Office Requirements Sufficient Physical Premises
sustained
L-1A
Auto Parts
The appeal was sustained because the petitioner provided sufficient evidence to establish that it can support the beneficiary in an executiv...
Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying executive capac...
Employment Abroad In Executive Capacity Employment In The U.S. In Executive Capacity New Office Requirements
dismissed
L-1A
Dance
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary's ...
Qualifying Relationship Managerial Or Executive Capacity New Office Requirements Physical Premises
dismissed
L-1A
Passport Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity Function Manager U.S. Employment Duties
remanded
L-1A
Export Of Chemical And Industrial Products
The appeal was remanded because the Director's denial decision did not offer an adequate analysis of the evidence. The Director incorrectly ...
Managerial Or Executive Capacity New Office Extension Requirements Sufficient Staffing
sustained
L-1A
Textiles
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary met all L-1A requirements. Specifically, the ...
One Year Of Qualifying Employment Abroad Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The Us Beneficiary Qualifications
dismissed
L-1A
Livestock 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 Staffing
dismissed
L-1A
Restaurant
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 Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity Executive Capacity Job Duties Organizational Structure Staffing Levels
dismissed
L-1A
Beauty Products
The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new Form I-129 petition for the same benefic...
Managerial Capacity Executive Capacity
dismissed
L-1A
Grocery Retail
The Director denied the petition because the petitioner failed to establish that its new office would be able to support a managerial or exe...
New Office Requirements Managerial Capacity Executive Capacity Ability To Support Manager Within One Year
dismissed
L-1A
Sales
The appeal was dismissed because the petitioner did not establish the beneficiary had the required one continuous year of full-time employme...
One Continuous Year Of Full-Time Employment Abroad Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
L-1A
Construction And Import/Export
The motion to reopen and reconsider was denied, and the underlying appeal remained dismissed, because the petitioner failed to establish it ...
Doing Business Executive Capacity Sufficient Staffing New Office Requirements
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner, a new office, failed to establish that it would be able to support a managerial or executiv...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support Manager/Executive Within One Year Primarily Managerial/Executive Duties
dismissed
L-1A
Trade And Investment
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role would be primarily managerial withi...
Managerial Capacity New Office Requirements Job Duties Staffing Levels Doing Business
sustained
L-1A
Machine Tools
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary would be employed in the United States in an ...
Executive Capacity
sustained
L-1A
Information Technology
The initial denial was based on the finding that the petitioner did not demonstrate the beneficiary would be employed in a managerial capaci...
Managerial Capacity Supervision Of Professional Subordinates Performance Of Non-Managerial Operational Tasks
dismissed
L-1A
Construction Equipment Export
The motion to reopen was denied because the petitioner failed to provide new, relevant facts as required. The evidence submitted was either ...
Managerial Or Executive Capacity Motion To Reopen Requirements
dismissed
L-1A
Cleaning Services
The appeal was dismissed because the petitioner did not contest the finding that the U.S. new office could not support a managerial position...
New Office Requirements Managerial Or Executive Capacity Extension Of New Office Petition Second New Office Petition Doing Business Definition
sustained
L-1A
Electronic Commerce
The Director denied the petition for failing to establish that the Beneficiary would be employed in a managerial or executive capacity. The ...
Managerial Capacity Executive Capacity Function Management
dismissed
L-1A
Brain Feedback Training
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 In The U.S. Qualifications For The Position
dismissed
L-1A
Sports Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be primarily employed in a managerial or exec...
Managerial Capacity Executive Capacity Function Manager
dismissed
L-1A
Business Services
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 Doing Business New Office Extension Requirements
sustained
L-1A
Software Development
The appeal was sustained because the petitioner provided additional information establishing that the beneficiary's duties, both abroad and ...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity Supervision Of Professional Staff Authority To Hire And Fire Discretion Over Day-To-Day Operations Primarily Managerial Duties
dismissed
L-1A
Textile Manufacturing/Sales
The appeal was dismissed because the petitioner failed to provide properly certified English translations for documents related to the forei...
Doing Business (Foreign Entity) Managerial Or Executive Capacity Certified Translations Of Documents New Office Extension
sustained
L-1A
Information Technology
The Director revoked the petition after the beneficiary was transferred to a new worksite without an amended petition being filed. The AAO s...
Managerial Capacity Executive Capacity Amended Petition Requirement
sustained
L-1A
Engineering Services
The appeal was sustained because the petitioner submitted sufficient evidence to overcome the sole basis for denial. The record established ...
Managerial Capacity Executive Capacity Function Manager
remanded
L-1A
Computer Engineering
The AAO found that the petitioner had sufficiently demonstrated the beneficiary's role was managerial, withdrawing the director's initial ba...
Managerial Capacity One Year Of Continuous Employment Abroad
sustained
L-1A
Software Development
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary was employed in a managerial capacity abroad ...
Managerial Or Executive Capacity Abroad Support For A Managerial Or Executive Position In A New Office New Office Requirements
dismissed
L-1A
Investment And Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer at the...
Qualifying Relationship New Office Requirements Managerial Or Executive Capacity (U.S. Position) Managerial Or Executive Capacity (Foreign Employment)
remanded
L-1A
Health/Scientific Research
The appeal was remanded because the Director's revocation decision was procedurally deficient. The AAO found that the Director failed to pro...
Managerial Or Executive Capacity New Office Requirements
remanded
L-1A
Web Design And It Development
The AAO found that the petitioner provided sufficient evidence to show it could support the beneficiary in an executive position within one ...
New Office Requirements Managerial Or Executive Capacity Sufficient Physical Premises
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to resolve significant inconsistencies regarding the nature of its U.S. business, whi...
New Office Requirements Sufficient Physical Premises Managerial Capacity
dismissed
L-1A
Information Technology
The appeal was dismissed as abandoned because the petitioner's corporate status was terminated and they failed to respond to a Notice of Int...
Qualifying Relationship Foreign Employer Doing Business Abroad Beneficiary Employed Abroad In Managerial/Executive Capacity Proposed U.S. Employment In Managerial/Executive Capacity (New Office) Petitioner'S Active Corporate Status
dismissed
L-1A
E-Commerce
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
Educational Services
The appeal was dismissed because the Petitioner failed to establish that its new office would support an executive position within one year....
Employment In An Executive Capacity New Office Requirements Proposed Job Duties
dismissed
L-1A
Led Light Importing
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 Sufficient Physical Premises Support For A Managerial Or Executive Position Business Plan
sustained
L-1A
Information Technology
The appeal was sustained because the AAO found that the Director's analysis was flawed, as it overlooked previously submitted evidence and d...
Managerial Or Executive Capacity
dismissed
L-1A
Digital Marketing
The appeal was dismissed because the petitioner failed to overcome four of the six grounds for revocation. Specifically, the petitioner did ...
Qualifying Relationship New Office Requirements Sufficient Physical Premises One Year Of Employment Abroad Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Temporary Period Of Stay
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