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 33 of 43
dismissed
L-1A
Computer Software
The appeal was dismissed because the issue became moot. The beneficiary had already adjusted their status to that of a U.S. permanent reside...
Mootness Beneficiary'S Adjustment Of Status
dismissed
L-1A
Mineral Product Distribution
The appeal was dismissed because the petitioner failed to establish that the new office would support a managerial position within one year....
New Office Requirements Managerial Capacity Function Manager Job Duties Staffing Levels
dismissed
L-1A
Network Technology Services
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
remanded
L-1A
Construction And Design
The Director's reason for denial regarding the foreign affiliate's business activity was withdrawn. However, the case was remanded because t...
Foreign Affiliate Doing Business Executive Capacity Job Duties Organizational Structure And Staffing
sustained
L-1A
Information Technology
The appeal was sustained because the petitioner provided sufficient additional evidence on appeal. This new evidence established that the be...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
L-1A
Clinical Laboratory Services
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
sustained
L-1A
Lumber/Furniture Export
The Director denied the petition, concluding the record did not establish that the beneficiary would be employed in a managerial or executiv...
Managerial Or Executive Capacity
remanded
L-1A
Investments
The appeal was remanded because the Director provided an incorrect legal analysis and did not adequately discuss the submitted evidence. Alt...
Managerial Or Executive Capacity New Office Requirements Doing Business For The Previous Year
dismissed
L-1A
Chemical Marketing
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
Hospice Care
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) New Office Requirements
dismissed
L-1A
Trucking And Real Estate
The motion to reconsider was denied, upholding the prior dismissal, because the petitioner failed to address the finding that it was not 'do...
Managerial Or Executive Capacity Doing Business Function Manager Staffing/Delegation Of Duties
dismissed
L-1A
Hospitality
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily executive capaci...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The Us In A Managerial Or Executive Capacity New Office Requirements Definition Of Executive Capacity
sustained
L-1A
E-Commerce Technology
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary's position abroad and the proposed position i...
Managerial Capacity Abroad Managerial Capacity In The U.S.
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish that the new office would support the beneficiary in a primarily manager...
Managerial Capacity Executive Capacity New Office Requirements
remanded
L-1A
Automotive
The case was remanded because the Director failed to issue a written decision on the merits of the Form I-129 petition. The Director only is...
Procedural Requirement For Written Decision Extension Of Stay Vs. Petition Denial
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed primarily in a managerial or execut...
Managerial Capacity Executive Capacity Beneficiary'S Job Duties Staffing Levels New Office Extension Requirements
dismissed
L-1A
Interactive Media
The appeal was dismissed because the petitioner failed to establish the beneficiary would be employed in a primarily managerial or executive...
Managerial Capacity Executive Capacity Employment Abroad Staffing Levels
dismissed
L-1A
Logistics
The motion to reopen was denied because the petitioner failed to submit new, credible evidence to overcome the prior adverse findings. The A...
Managerial Capacity Abroad Managerial/Executive Capacity In The U.S. New Office Requirements One-Year Continuous Employment Abroad Qualifying Corporate Relationship Credibility Of Evidence
sustained
L-1A
Control Automation Technology
The appeal was sustained because the Petitioner successfully established that the Beneficiary's role, both abroad and in the proposed U.S. p...
Managerial Capacity Executive Capacity Function Manager
dismissed
L-1A
Restaurant / Import-Export
The appeal was dismissed because the petitioner failed to overcome the three grounds for denial. The petitioner did not establish it had sec...
Sufficient Physical Premises Support For Managerial/Executive Position (New Office) Beneficiary'S Prior Employment Abroad In Managerial/Executive Capacity Managerial Capacity Executive Capacity
dismissed
L-1A
Trucking And Real Estate
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 New Office Extension Requirements Duties Of The Beneficiary Staffing Levels
dismissed
L-1A
Cyber Security
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Beneficiary'S Qualifications Staffing Levels Subordinate Staff
dismissed
L-1A
Escape Room Games / Promotional Goods
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive capacity. ...
Executive Capacity Staffing Levels
sustained
L-1A
Specialty Eyewear
The appeal was sustained because the petitioner established that the beneficiary would be employed in a primarily executive capacity. The re...
Managerial Or Executive Capacity
remanded
L-1A
Freight Forwarding
The appeal was remanded because the Service Center Director failed to issue a written decision explaining the specific reasons for denying t...
Procedural Requirement For A Written Denial Decision
dismissed
L-1A
Retail
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 Job Duties Organizational Structure Staffing Levels New Office Requirements
remanded
L-1A
Wine Import
The decision was remanded because the Director failed to properly consider the additional evidence and arguments the Petitioner submitted on...
Managerial Or Executive Capacity Abroad New Office Requirements Managerial Or Executive Capacity In The Us Subordinate Staff
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner's business plan included the cultivation of marijuana. The AAO concluded that this activity ...
Managerial Or Executive Capacity New Office Extension Requirements Legality Of Proposed Employment Controlled Substances Act
dismissed
L-1A
Commercial Real Estate
The appeal was dismissed because the petitioner failed to establish that the beneficiary was primarily employed in a managerial capacity. Th...
Managerial Capacity Job Duties Organizational Structure Staffing Levels
dismissed
L-1A
Marketing And Event Planning
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 Organizational Structure Staffing Levels
dismissed
L-1A
Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Managerial Capacity Job Duties Staffing Levels New Office Extension
sustained
L-1A
Automotive Parts
The appeal was sustained because the AAO found errors in the Director's analysis, noting that the Director overlooked previously submitted e...
Managerial Or Executive Capacity
dismissed
L-1A
Transportation And Logistics
The appeal was dismissed because the petitioner failed to establish that the Beneficiary would be employed primarily in a managerial or exec...
Managerial Or Executive Capacity Qualifying Relationship Beneficiary'S Qualifications
sustained
L-1A
Shipping
The Director initially denied the petition, finding the record did not establish that the beneficiary would be employed in a managerial or e...
Managerial Capacity Executive Capacity
dismissed
L-1A
Travel And Consulting
The motion to reopen and reconsider was denied, upholding the previous dismissal. The petitioner failed to establish that the beneficiary wo...
Managerial Or Executive Capacity Sufficient Staffing New Office Extension
dismissed
L-1A
Cognitive Training
The appeal was dismissed because the petitioner failed to establish that its new office would support the beneficiary in an executive capaci...
New Office Requirements Support For Executive Position Within One Year Business Plan And Staffing Beneficiary'S Duties
dismissed
L-1A
Construction Equipment
The motion to reopen was denied, upholding the prior dismissal, because the petitioner failed to resolve deficiencies identified in the init...
Managerial Or Executive Capacity Staffing Function Manager Nature Of Business
dismissed
L-1A
Tax Preparation And Cleaning Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Beneficiary'S Duties Staffing New Office Extension
dismissed
L-1A
Import/Catering
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a managerial or executive positio...
Support For A Managerial Or Executive Position Within One Year Sufficient Physical Premises For A New Office Managerial Capacity Executive Capacity New Office Requirements Business Plan Projected Staffing
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Or Executive Capacity Staffing Levels New Office Requirements Organizational Structure
dismissed
L-1A
Automobile Parts
The appeal was dismissed because the petitioner did not establish that the new U.S. office would be able to support a managerial position wi...
Employment Abroad In A Managerial Or Executive Capacity New Office Will Support A Managerial Position Within One Year Staffing
dismissed
L-1A
Manufacturing
The motion to reopen and reconsider was denied because it failed to address the reason for the AAO's prior summary dismissal of the appeal. ...
Qualifying Relationship Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Safe Sales
The appeal was dismissed because the description of the beneficiary's duties was deemed too broad, general, and vague to establish that the ...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Finance
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive capacity. ...
Executive Capacity Managerial Capacity Job Duties New Office Extension Requirements
remanded
L-1A
Hospice Health Services
The Director's decision was withdrawn and the case remanded. While the AAO found the petitioner did establish a qualifying relationship and ...
Qualifying Relationship Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S.
dismissed
L-1A
Home Furnishings
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily executive capaci...
Employment Abroad In A Managerial Or Executive Capacity Definition Of Executive Capacity New Office Requirements
dismissed
L-1A
Graphic Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity (U.S.) Managerial Capacity (Abroad) Function Manager Staffing Levels
dismissed
L-1A
Countertop Sales And Installation
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a managerial or executive ca...
Employment Abroad In A Managerial Or Executive Capacity Support For A Managerial/Executive Position In A New Office Managerial Capacity Executive Capacity
dismissed
L-1A
Food And Beverage
The motion to reconsider was denied because the petitioner failed to establish that the beneficiary would be employed in a primarily manager...
Managerial Capacity Executive Capacity Managing An Essential Function
dismissed
L-1A
Marketing
The motion to reopen and reconsider was denied because the petitioner failed to provide new evidence to overcome the previous finding that t...
Managerial Or Executive Capacity Staffing Levels New Office Requirements
dismissed
L-1A
Food Distribution
The appeal was dismissed because the petitioner failed to establish that its new office would be able to support a managerial or executive p...
New Office Requirements Managerial Or Executive Capacity Support For A Managerial/Executive Position Within One Year One Year Of Employment Abroad
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed primarily in an executive capacity....
Executive Capacity Staffing Levels New Office Extension
dismissed
L-1A
Business Management
The motion to reopen was denied, upholding the previous dismissal of the appeal. The petitioner failed to establish that the beneficiary wou...
Managerial Or Executive Capacity New Office Requirements Sufficient Physical Premises Ability To Support Position Within One Year
dismissed
L-1A
Automotive Parts
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a primarily managerial or ex...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Managerial Capacity Executive Capacity
dismissed
L-1A
Automotive Export
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
dismissed
L-1A
Printing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed primarily in a managerial or executive...
Managerial Capacity Executive Capacity Employment Abroad In A Qualifying Capacity One Year Continuous Employment New Office Requirements
dismissed
L-1A
Hospitality Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or e...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Managerial Capacity Executive Capacity
dismissed
L-1A
Wine Importation
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
dismissed
L-1A
Management Consulting
The appeal was dismissed, and the subsequent motion to reopen was denied, primarily due to a finding of willful misrepresentation of materia...
Employment In A Managerial Or Executive Capacity One Year Of Qualifying Employment Abroad Willful Misrepresentation Of Material Facts Qualifying Organization Doing Business Abroad
dismissed
L-1A
Manufacturing And Distribution
The Director denied the petition because the petitioner did not establish that the beneficiary would be employed in a managerial or executiv...
Managerial Capacity Executive Capacity Function Manager Personnel Manager
dismissed
L-1A
Restaurant
The petitioner's motion to reopen and reconsider was denied because the underlying appeal was filed late, and the petitioner failed to overc...
Managerial Or Executive Capacity Timely Filing Of Appeal Motion To Reopen Motion To Reconsider
dismissed
L-1A
Property Management
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
Shipping
The appeal was dismissed because the petitioner failed to prove the beneficiary had one year of continuous employment with a qualifying orga...
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
Shipping And Logistics
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 Staffing Levels
dismissed
L-1A
Beauty Salon
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
dismissed
L-1A
Marketing Research
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 (U.S.) Employment In An Executive Capacity (Abroad)
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Employment Abroad In Managerial/Executive Capacity Proposed U.S. Employment In Managerial/Executive Capacity New Office Requirements Physical Premises
dismissed
L-1A
Import/Distribution
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a qualifying managerial capacity...
Managerial Capacity Staffing Levels New Office Extension Supervision Of Professional/Managerial Employees
dismissed
L-1A
Construction
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 Primarily Performing Qualifying Duties
dismissed
L-1A
Lumber And Furniture
The appeal was dismissed because the petitioner failed to establish that its new office would support a managerial or executive position wit...
New Office Requirements Managerial Or Executive Capacity Business Plan Sufficient Staffing
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 Beneficiary'S Duties
dismissed
L-1A
Wholesale Trade
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 Staffing Levels
sustained
L-1A
Business Information
The Director denied the L-1 blanket petition, finding the petitioner failed to establish a qualifying affiliate relationship with a foreign ...
Three Or More Domestic And Foreign Branches, Subsidiaries, Or Affiliates Qualifying Relationship Affiliate Definition Ownership And Control
dismissed
L-1A
Oil And Gas
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be primarily employed in a managerial or exec...
Managerial Or Executive Capacity Job Duties Staffing Levels
dismissed
L-1A
Data Analytics
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
dismissed
L-1A
Retail And Wholesale Trade
The motion to reopen and reconsider was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in an e...
Executive Capacity Staffing Levels
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Managerial Capacity (Foreign Employment) Temporary Nature Of Employment New Office Requirements
dismissed
L-1A
Cosmetics
The appeal was summarily dismissed primarily because the petitioner failed to specifically identify any erroneous conclusion of law or fact ...
One Year Of Foreign Employment Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
L-1A
Car Rental
The motion to reconsider was denied because it did not meet the legal requirements for such a motion. The petitioner largely repeated argume...
Managerial Or Executive Capacity Sufficient Staffing
dismissed
L-1A
Restaurant Business
The motion to reopen and reconsider was denied, upholding the prior dismissal. The petitioner failed to establish that the beneficiary would...
Managerial Or Executive Capacity Staffing Levels Job Duties Organizational Structure
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 Staffing Levels Primarily Performing Qualifying Duties
dismissed
L-1A
Sportswear Manufacturing
The motion to reopen was denied because the petitioner failed to present new facts, as required. The petitioner's submission was a critique ...
Executive Capacity Primarily Performing Qualifying Duties New Facts For Motion To Reopen
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Employed In A Managerial Or Executive Capacity
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily executive capacity w...
Executive Capacity New Office Requirements Staffing Levels
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 New Office Requirements Ability To Support Position Within One Year Beneficiary'S Job Duties
dismissed
L-1A
Retail
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 Foreign Employment Managerial Capacity (Abroad) Managerial Capacity (U.S.)
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that it had been 'doing business' for the previous year, a requirement f...
Doing Business Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Managerial Or Executive Capacity Staffing Levels U.S. Employment
dismissed
L-1A
Education
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing, as it admitted the physical premises ...
Sufficient Physical Premises For A New Office Ability To Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Staffing Levels Job Duties Organizational Structure
dismissed
L-1A
Ice Cream Store
The appeal was dismissed because the record did not establish that the petitioner, a 'new office', would grow to a point where it could supp...
Managerial Capacity Executive Capacity New Office Requirements Qualifying Relationship
dismissed
L-1A
Travel Services
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed primarily in an executive capacity....
Employment In A Managerial Or Executive Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial capa...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Proposed U.S. Employment In A Managerial Or Executive Capacity
dismissed
L-1A
Exercise And Fitness
The combined motion to reopen and reconsider was denied. The motion to reopen failed because the petitioner did not submit any new facts, in...
Managerial Capacity Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The r...
Qualifying Relationship One Year Of Employment Abroad Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Childcare
The appeal was summarily dismissed because the petitioner failed to follow up the appeal with a brief or any evidence. The petitioner did no...
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Pastry Production
The appeal was summarily dismissed on procedural grounds. The Petitioner failed to identify a specific erroneous conclusion of law or statem...
Failure To Identify Specific Error Of Law Or Fact
dismissed
L-1A
Industrial Equipment
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 New Office Extension
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary was employed abroad primarily in ...
Employment Abroad In A Managerial Or Executive Capacity Employment In The Us In A Managerial Or Executive Capacity Temporary Nature Of Employment
dismissed
L-1A
Hospitality
The appeal was summarily dismissed for procedural reasons. The Petitioner failed to identify any specific erroneous conclusion of law or sta...
8 C.F.R. § 103.3(A)(1)(V) (Summary Dismissal)
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