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 36 of 43
remanded
L-1A
Real Estate
The appeal was remanded because the Director incorrectly applied the 'new office' regulatory provisions, as the petitioner had been operatin...
Managerial Or Executive Capacity New Office Requirements Qualifying Employment Abroad
dismissed
L-1A
Lumber Export
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship with the beneficiary's foreign emplo...
Qualifying Relationship Affiliate Relationship Common Ownership And Control
dismissed
L-1A
Oil And Gas
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises to house the new office at t...
Sufficient Physical Premises For A New Office Ability Of New Office To Support A Managerial/Executive Position Continuation Of Business By Foreign Entity Temporary Nature Of U.S. Employment
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 capacit...
Managerial Capacity Job Duties New Office Extension
dismissed
L-1A
Manufacturing
The appeal was summarily dismissed on procedural grounds. The Petitioner filed an appeal but failed to submit a brief or any statement that ...
Failure To Identify Specific Error Of Law Or Fact
dismissed
L-1A
Real Estate
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 Job Duties Staffing Levels New Office Extension Requirements
dismissed
L-1A
Restaurant/Property Management
The appeal was summarily dismissed because the petitioner failed to specifically identify an erroneous conclusion of law or statement of fac...
Beneficiary Employed Abroad In A Managerial/Executive Capacity New Office Ability To Support A Managerial/Executive Position
dismissed
L-1A
Spa Services
The motion to reconsider was denied because it did not satisfy the applicable requirements. The petitioner failed to state the reasons for r...
Motion To Reconsider Requirements
dismissed
L-1A
Oil And Gas
The motion to reopen/reconsider was denied, upholding the previous dismissal of the appeal. The petitioner failed to establish it had secure...
Physical Premises For New Office Managerial Or Executive Capacity New Office Requirements Motion To Reopen/Reconsider
dismissed
L-1A
Food Management
The appeal was dismissed because the petitioner failed to establish that its new office would be able to support a managerial or executive p...
Managerial Or Executive Capacity New Office Requirements Support For Managerial/Executive Position Within One Year Business Plan Plausibility
sustained
L-1A
Finance/Accounting
The appeal was sustained because the petitioner successfully overcame the grounds for denial by clarifying the beneficiary's prior employmen...
Managerial Capacity Employment Abroad
dismissed
L-1A
Aviation
The appeal was dismissed because the evidence failed to establish that the beneficiary was employed abroad primarily in an executive capacit...
Executive Capacity Foreign Employment
sustained
L-1A
Distribution
The appeal was sustained because the Director erred by not considering the intermittent nature of the Beneficiary's proposed employment in t...
Executive Capacity Staffing Levels Reasonable Needs Of The Organization Intermittent Employment
dismissed
L-1A
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities, as the ...
Qualifying Relationship Employment Abroad In A Managerial/Executive Capacity Sufficient Physical Premises New Office Will Support Managerial/Executive Position
dismissed
L-1A
Animation And Film Production
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 Staffing Levels Job Duties Description
dismissed
L-1A
Restaurant
The combined motion to reopen and reconsider was denied because the original appeal was filed late. The petitioner argued the delay was due ...
Motion To Reopen Motion To Reconsider Untimely Filing Ineffective Assistance Of Counsel
dismissed
L-1A
Telecommunications
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a managerial capacity. Specifica...
Employment In A Managerial Capacity Function Manager
dismissed
L-1A
Retail
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Failure To Identify Specific Error On Appeal (8 C.F.R. § 103.3(A)(1)(V))
remanded
L-1A
Toy Distribution
The Director's decision was withdrawn and the matter was remanded. The AAO found the petitioner did provide sufficient evidence to overcome ...
Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) New Office Qualifying Relationship
sustained
L-1A
Poultry Breeding
The Director initially denied the petition, concluding the Beneficiary would perform non-qualifying operational duties and be a first-line s...
Managerial Or Executive Capacity New Office Requirements Supervision Of Professional Employees Primary Duties Vs. Non-Qualifying Operational Tasks
dismissed
L-1A
Shipping
The motions to reopen and reconsider were denied, upholding the prior dismissal of the appeal. The AAO found the petitioner failed to establ...
One Year Of Continuous Employment Abroad Employment Abroad In An Executive Capacity Employment In The U.S. In An Executive Capacity Willful Misrepresentation Of Material Facts
sustained
L-1A
Restaurant Management
The appeal was sustained because the Petitioner successfully rebutted the findings from a site visit that led to the initial revocation. The...
Managerial Or Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Aviation
The appeal was dismissed because the petitioner failed to resolve a critical inconsistency regarding the beneficiary's foreign employer. A n...
Qualifying Foreign Employer Employment Abroad In Managerial/Executive Capacity Proposed Us Employment In Managerial/Executive Capacity One Year Of Foreign Employment
dismissed
L-1A
Design Studio
The appeal was dismissed because the Petitioner failed to establish that the new office would employ the Beneficiary in a primarily manageri...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Eyeglasses Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Executive Capacity Beneficiary'S Duties Staffing Levels Operational Vs. Executive Tasks
sustained
L-1A
Biotechnology
The appeal was sustained because the petitioner successfully demonstrated a qualifying affiliate relationship with the beneficiary's foreign...
Qualifying Relationship Affiliate Subsidiary De Facto Control
dismissed
L-1A
Commercial Services
The appeal was dismissed because the petitioner failed to establish it was actively doing business and that the beneficiary would be employe...
Doing Business Managerial Or Executive Capacity Willful Misrepresentation Of Material Facts
dismissed
L-1A
Construction Equipment
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
International Freight Forwarding
The appeal was dismissed because the petitioner failed to prove the beneficiary was employed abroad in a primarily managerial or executive c...
New Office Physical Premises Employment Abroad In A Managerial Or Executive Capacity
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed primarily in a managerial or executive cap...
Managerial Capacity Executive Capacity New Office Extension Requirements
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 capacit...
Managerial Capacity Personnel Manager Function Manager
dismissed
L-1A
Food Service And Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity New Office Extension Requirements Supervision Of Professional Or Managerial Employees Primarily Managerial Duties Staffing Levels
dismissed
L-1A
Business Operations
The appeal was dismissed because the petitioner failed to prove the beneficiary would be employed in a qualifying managerial or executive ca...
Managerial Or Executive Capacity Job Duties Staffing Levels
dismissed
L-1A
Industrial Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity (U.S. Employment) Managerial Capacity (Foreign Employment) Staffing Levels Management Of An Essential Function
dismissed
L-1A
Sporting Goods
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
dismissed
L-1A
Automobile Export
The appeal was dismissed as moot. After the petition was filed, another employer's L-1A petition on the beneficiary's behalf was approved. B...
New Office Supporting A Managerial Or Executive Position
dismissed
L-1A
Geophysical Services
The appeal was dismissed because the petitioner did not establish that the new U.S. office would support an executive position within one ye...
New Office Requirements Executive Capacity Managerial Capacity Job Duties Business Plan Staffing
dismissed
L-1A
Retail
The motion was denied, upholding the prior dismissal, because the petitioner failed to prove it had secured sufficient physical premises whe...
New Office Physical Premises Ability To Support Managerial/Executive Position Qualifying Relationship
dismissed
L-1A
Electronics And Lighting Distribution
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's proposed daily du...
Employment In An Executive Capacity Detailed Description Of Duties
dismissed
L-1A
Computer Graphics
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity Staffing Levels New Office Extension
dismissed
L-1A
Travel Agency
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be primarily employed in a managerial capacit...
Employment In A Managerial Or Executive Capacity Abroad Employment In A Managerial Or Executive Capacity In The U.S. Definition Of Managerial Capacity Staffing Levels Description Of Job Duties
dismissed
L-1A
Export/Wholesale
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 Staffing Levels
dismissed
L-1A
Lithographic Machine Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity Function Manager Staffing Levels New Office Extension Requirements Job Duties Analysis
dismissed
L-1A
Logistics
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 Function Manager
dismissed
L-1A
Equestrian Photography
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's job duties to est...
Managerial Capacity Job Duties Staffing Levels Organizational Structure
dismissed
L-1A
Freight Forwarding And Logistics
The appeal was dismissed because the Petitioner did not establish that its new office would support a managerial position within one year. T...
New Office Requirements Managerial Capacity Staffing Levels Supervision Of Professional Employees
dismissed
L-1A
Plastics 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
Restaurant Management
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 Requirements Staffing Levels Job Duties (Qualifying Vs. Non-Qualifying) Organizational Structure
sustained
L-1A
Logistics
The initial decision was denied because the Director concluded the beneficiary's proposed U.S. position did not qualify as managerial or exe...
Managerial Capacity Executive Capacity Function Manager
dismissed
L-1A
Clinical Laboratory Testing
The motion to reopen and reconsider was denied, thereby upholding the previous dismissal of the appeal. The AAO found that the petitioner fa...
Managerial Capacity Executive Capacity Staffing Levels Job Duties
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 Job Duties Staffing Levels New Office Extension
dismissed
L-1A
Cabinetry
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The e...
Qualifying Relationship Employment Abroad In A Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Solar Energy / Health Technology
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house its new office...
Sufficient Physical Premises New Office Requirements One-Year Foreign Employment Requirement
dismissed
L-1A
Kitchen And Bathroom Product Import
The motion to reopen and reconsider was denied because the petitioner failed to establish the beneficiary would be employed in a qualifying ...
Executive Capacity Primarily Performing Qualifying Duties Organizational Structure Staffing Levels
sustained
L-1A
It Consulting
The appeal was sustained because the AAO found the Director had erred. The evidence confirmed a qualifying relationship, with the petitioner...
Qualifying Relationship Managerial Or Executive Capacity
sustained
L-1A
Data Analytics
The appeal was sustained because the petitioner provided sufficient evidence to establish that the beneficiary was employed in a managerial ...
Managerial Capacity Abroad Managerial Capacity In The U.S.
dismissed
L-1A
Business Management
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed primarily in a managerial or executive...
Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. New Office Extension Requirements Qualifying Relationship
dismissed
L-1A
Freight Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Employment In A Managerial Or Executive Capacity Abroad Employment In A Managerial Or Executive Capacity In The U.S.
dismissed
L-1A
Transportation
The appeal was dismissed because the petitioner failed to provide a detailed description of the beneficiary's proposed U.S. job duties, maki...
Employment Abroad In A Qualifying Capacity Proposed Employment In A Qualifying Capacity Executive Capacity Job Duties Staffing Levels
dismissed
L-1A
Wood Flooring Distribution
The appeal was dismissed because a Department of State (DOS) site visit found the foreign employer's location in China locked and apparently...
Qualifying Organization Doing Business
dismissed
L-1A
Telecommunications
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
Marketing Technology
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a specialized knowledge capa...
Employment Abroad In A Managerial Or Executive Capacity Employment Abroad In A Specialized Knowledge Capacity Beneficiary'S Qualifications
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed position in the United States would be p...
Managerial Capacity U.S. Employment Supervision Of Professional Employees
dismissed
L-1A
Construction
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 Organizational Structure Staffing Levels
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Executive Capacity Personnel Manager Function Manager
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to challenge the Director's finding that the beneficiary was not employed abroad in a...
Employment Abroad In A Managerial/Executive Capacity Proposed U.S. Employment In A Managerial/Executive Capacity New Office Requirements
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Managerial Capacity Abroad One Year Of Qualifying Employment Abroad Function Manager Organizational Hierarchy Job Duties
remanded
L-1A
E-Commerce
The appeal was remanded because the Director's decision to revoke the petition was based on a flawed Notice of Intent to Revoke (NOIR). The ...
Managerial Or Executive Capacity New Office Requirements Sufficient Physical Premises Employment Abroad
dismissed
L-1A
Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Executive Capacity Staffing Levels Organizational Structure
sustained
L-1A
Biopharmaceutical Research
The Director denied the petition, citing inconsistencies from a consular interview and insufficient evidence of the beneficiary's managerial...
Managerial Or Executive Capacity Qualifying Foreign Employment Proposed U.S. Employment
dismissed
L-1A
Wireless Equipment
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. The petitioner did not submit an appeal br...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Herbal Medicine Export
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
Restaurant Management
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed in a qualifying executive capacity a...
Employment Abroad In An Executive Capacity Proposed Us Employment In A Managerial Capacity Job Duties Organizational Structure Staffing
dismissed
L-1A
It Services
The appeal was dismissed because the petitioner failed to establish a qualifying affiliate relationship between the U.S. and foreign entitie...
Qualifying Relationship New Office Requirements Ownership And Control Sufficient Physical Premises Support Of Managerial/Executive Position
dismissed
L-1A
Management Consulting
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 Employment Abroad In A Qualifying Capacity Employment In The U.S. In A Qualifying Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
E-Commerce
The appeal was dismissed as moot. The petitioner had filed another petition for the same beneficiary, which was subsequently approved, grant...
Managerial Or Executive Capacity
dismissed
L-1A
Restaurant
The motion to reconsider was dismissed because the petitioner largely resubmitted the same arguments from the denied appeal without addressi...
Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) New Office Requirements
dismissed
L-1A
Accounting
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial capacity....
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) Personnel Manager Job Duties
dismissed
L-1A
Aviation
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity Function Manager Distinction Between Managerial And Operational Duties
dismissed
L-1A
Beauty Supply Distribution
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 Ability To Support A Managerial Position Within One Year
dismissed
L-1A
It Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity ab...
Employment In A Managerial Or Executive Capacity Abroad One Continuous Year Of Employment Abroad Employment In A Managerial Or Executive Capacity In The U.S.
remanded
L-1A
Plastics Packaging Manufacturing
The Director's decision was withdrawn and the matter was remanded. The AAO found that the Director improperly denied the Petitioner's motion...
New Office Requirements Managerial Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial capacity....
U.S. Employment In A Managerial Or Executive Capacity Prior Employment Abroad In A Qualifying Capacity
dismissed
L-1A
Engineering 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
dismissed
L-1A
Minerals
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity ab...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
L-1A
Glass Fabrication And Installation
The appeal was dismissed because the petitioner failed to overcome three of the four grounds for denial. The petitioner did not establish th...
New Office Support For Managerial Position Beneficiary'S U.S. Job Duties Beneficiary'S Foreign Employment Capacity Sufficient Physical Premises Beneficiary'S Qualifications
dismissed
L-1A
Automotive Export
The appeal was dismissed because the petitioner failed to prove a qualifying relationship between the U.S. and foreign entities, submitting ...
Qualifying Relationship Sufficient Physical Premises New Office Requirements Managerial Or Executive Capacity
dismissed
L-1A
Solar Energy
The appeal was dismissed because the petitioner failed to establish that its new office would commence doing business within one year of the...
New Office Requirements Managerial Or Executive Capacity Commence Doing Business Within One Year Ability To Support Managerial Position
dismissed
L-1A
Hardwood Flooring
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in a managerial capacit...
Managerial Capacity New Office Extension
dismissed
L-1A
Biotechnology
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to a lawful permanent resident, which rende...
Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Natural Stone Fabrication
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 Function Manager Employment Abroad
dismissed
L-1A
Real Estate / Export
The motion to reopen and reconsider was denied because the petitioner failed to establish two key eligibility criteria. First, the petitione...
Managerial Or Executive Capacity (U.S. Position) One Year Of Qualifying Employment Abroad New Office Requirements
dismissed
L-1A
Software Consulting
The appeal was dismissed as moot. The petitioner filed a new L-1A petition on the beneficiary's behalf after filing the appeal, and that sub...
Managerial Or Executive Capacity
remanded
L-1A
Hospitality Services
The appeal was remanded due to procedural errors by the Director. The AAO found that the Notice of Intent to Revoke (NOIR) failed to provide...
Executive Capacity Managerial Capacity Notice Of Intent To Revoke (Noir) Procedure
dismissed
L-1A
E-Commerce
The motion to reconsider was denied because the petitioner failed to show that the prior decision was based on an incorrect application of l...
Managerial Capacity Executive Capacity
dismissed
L-1A
Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The r...
Qualifying Relationship Sufficient Physical Premises New Office Viability
dismissed
L-1A
Women'S Clothing Retail
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary would be employed in a qualifying managerial capa...
Managerial Capacity Executive Capacity Organizational Structure Staffing New Office Extension Requirements
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to prove that the foreign employer was 'doing business'—defined as the regular, syste...
Doing Business (Foreign Entity) Doing Business (Us Entity) Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (Us)
dismissed
L-1A
Clothing
The appeal was dismissed because the petitioner failed to prove it had been 'doing business' for the previous year, a requirement for a new ...
Doing Business Managerial Or Executive Capacity Qualifying Relationship New Office Extension
dismissed
L-1A
It Consulting
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad or would be employed in the U.S...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Primarily Managerial Duties Supervision Of Subordinate Personnel
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