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 37 of 43
sustained
L-1A
Home Decor And Lighting Design
The appeal was sustained because the Director failed to properly apply the regulations for a 'new office', which allow a one-year period to ...
New Office Requirements Sufficient Physical Premises Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The Us Duties Of Subordinates
dismissed
L-1A
Industrial Sales
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 Organizational Structure Staffing Levels
dismissed
L-1A
Transportation And Logistics
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
Pipeline Technology
The motion to reopen and reconsider was dismissed because it was filed untimely. The petitioner argued that the delay was due to the benefic...
Timeliness Of Motion To Reopen Timeliness Of Motion To Reconsider Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Technology Services
The Director denied the petition, concluding the record did not establish that the Beneficiary was employed abroad, or would be employed in ...
Managerial Capacity (U.S. Position) Managerial Capacity (Foreign Position) Function Manager
dismissed
L-1A
Haircare Products
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity ab...
Managerial Capacity Abroad Managerial Capacity In The United States
dismissed
L-1A
Electronics And Print Products
The appeal was dismissed because the petitioner failed to provide a sufficiently detailed description of the beneficiary's job duties with t...
Employment Abroad In A Managerial Or Executive Capacity Proposed Employment In A Managerial Or Executive Capacity Definition Of Executive Capacity Staffing Levels
dismissed
L-1A
Machinery Trading
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/Executive Capacity Managerial Capacity Definition Executive Capacity Definition Specialized Knowledge Definition Organizational Structure And Staffing
dismissed
L-1A
Diamond Trading
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a primarily managerial or ex...
Managerial Capacity Executive Capacity
dismissed
L-1A
Dry Cleaning
The appeal was dismissed because the Petitioner did not establish that the Beneficiary would be employed primarily in an executive capacity....
Executive Capacity Managerial Capacity New Office Extension
dismissed
L-1A
Law
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 New Office Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the Petitioner failed to prove the Beneficiary had one continuous year of qualifying employment abroad in t...
One Year Of Continuous Employment Abroad Ability Of New Office To Support A Managerial Position Employment Abroad In A Managerial Or Executive Capacity
sustained
L-1A
Supply Chain Consulting
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary was employed in a qualifying managerial capac...
Managerial Capacity Abroad Managerial Capacity In The U.S. Personnel Manager Duties
dismissed
L-1A
Fragrance Distribution
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 Sufficient Physical Premises
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The p...
Qualifying Relationship Managerial Capacity (Abroad) Managerial Capacity (U.S.) New Office Requirements
sustained
L-1A
Digital Marketing
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary was employed in a managerial capacity abroad ...
Managerial Capacity Of Foreign Position
dismissed
L-1A
Computer And Electronics 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 Personnel Manager Function Manager Staffing Levels Organizational Structure
dismissed
L-1A
Wholesale Distribution
The appeal was dismissed because the Petitioner failed to establish a qualifying relationship with the Beneficiary's foreign employer. The e...
Qualifying Relationship Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S. New Office Requirements
sustained
L-1A
Technology Consulting
The appeal was sustained because the AAO concluded the Beneficiary would more likely than not act in a managerial capacity. The petitioner p...
Managerial Capacity Personnel Manager
dismissed
L-1A
It Consulting
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 Function Manager
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Qualifying Relationship Employment Abroad In A Managerial Capacity New Office Requirements Function Manager Staffing Levels
dismissed
L-1A
Retail/Wholesale
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
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
Sign Manufacturing
The appeal was dismissed because the petitioner failed to prove its new U.S. office was 'doing business' in a regular, systematic, and conti...
Doing Business Financial Status Managerial Or Executive Capacity
dismissed
L-1A
Retail And Food Service
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 Support Of Managerial/Executive Position Executive Capacity Staffing Plans Organizational Structure
dismissed
L-1A
Real Estate And Export
The motion to reopen and reconsider was denied, upholding the appeal's dismissal. The petitioner failed to establish that the new U.S. offic...
Managerial Or Executive Capacity New Office Requirements Sufficient Physical Premises Doing Business Abroad
sustained
L-1A
Tattoo Supply
The appeal was sustained because the AAO determined that the petitioner was not required to file an amended petition for a minor change in i...
Material Change In Employment Amended Petition Requirement Change Of Work Location
sustained
L-1A
Information Technology
The Director revoked the petition after a site visit revealed the beneficiary was working at a different client location than specified on t...
Change Of Worksite Material Change In Employment Amended Petition Requirement
dismissed
L-1A
Textiles
The appeal was dismissed because the petitioner failed to demonstrate it had secured sufficient physical premises for its proposed retail bu...
Sufficient Physical Premises One Year Of Employment Abroad Managerial Or Executive Capacity Abroad New Office Support For Managerial/Executive Position
dismissed
L-1A
Trade, Farming, And Fertilizer 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 Job Duties Organizational Structure Staffing Levels
dismissed
L-1A
Home Improvement
The appeal was dismissed because the petitioner failed to provide a description of the beneficiary's job duties in response to the Director'...
Managerial Capacity Executive Capacity Job Duties New Office Extension
dismissed
L-1A
International Trade
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 Proposed U.S. Employment In A Managerial Or Executive Capacity Managerial Capacity Function Manager
sustained
L-1A
Automotive Parts Manufacturing
The appeal was sustained because the petitioner successfully demonstrated that it qualifies as a new office and provided sufficient evidence...
Managerial Or Executive Capacity New Office Qualification
remanded
L-1A
Software
The matter was remanded because the Director failed to properly consider the petitioner's arguments regarding the beneficiary's role as a 'f...
Managerial Or Executive Capacity Function Manager Qualifying Employment Abroad
remanded
L-1A
Printing
The appeal was remanded because the Director's revocation decision did not reflect consideration of the evidence in its totality. The AAO fo...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements Staffing Levels
dismissed
L-1A
Event Management
The appeal was dismissed because it challenged the denial of a motion to reopen and reconsider, not the underlying petition denial. The AAO ...
Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Security
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad in a primarily managerial capacit...
Employment Abroad In A Managerial Capacity Employment In The U.S. In A Managerial Capacity Managerial Capacity Definition Job Duties
dismissed
L-1A
Machine Tools
The appeal was dismissed because the petitioner failed to establish that the new office would support a managerial or executive position wit...
Beneficiary'S Prior Employment In A Managerial/Executive Capacity New Office Ability To Support A Managerial/Executive Position Managerial Capacity Definition Executive Capacity Definition Staffing Levels Duties Of Subordinates
remanded
L-1A
E-Commerce
The Director's decision was withdrawn because it improperly focused on personnel management instead of the petitioner's claim of function ma...
Managerial Capacity Function Manager One Continuous Year Of Employment Abroad
dismissed
L-1A
Textiles
The appeal was dismissed because the Petitioner did not establish that the Beneficiary was employed abroad in a managerial or executive capa...
Employment Abroad In A Managerial Or Executive Capacity Executive Capacity Definition
remanded
L-1A
Landscaping
The appeal was remanded because the Director's denial contained factual errors and did not adequately discuss the evidence submitted regardi...
Qualifying Relationship Managerial Capacity Abroad Managerial Capacity In The U.S.
sustained
L-1A
Data Analytics
The appeal was sustained because the AAO found the Director's denial was based on an incomplete review of the record regarding staffing leve...
Managerial Or Executive Capacity Supervision Of Subordinate Employees Management Of A Company Component Decision-Making Authority Personnel Authority
dismissed
L-1A
Real Estate And Restaurant Operations
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
remanded
L-1A
Jewelry
The appeal was remanded because the Director's decision did not adequately analyze the facts or correctly apply the law. The Director overlo...
New Office Requirements Sufficient Physical Premises Employment Abroad In An Executive Capacity Proposed Employment In An Executive Capacity Organizational Structure
dismissed
L-1A
E-Commerce
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
dismissed
L-1A
Car Wash
Although the AAO found that the petitioner established the beneficiary was employed abroad in a managerial capacity, the appeal was dismisse...
Employment Abroad In A Managerial/Executive Capacity New Office Will Support A Managerial/Executive Position Within One Year
dismissed
L-1A
Restaurant Management
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in an executive capacity in the U...
Executive Capacity Staffing Levels Job Duties
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to establish the beneficiary had one continuous year of full-time employment abroad w...
One Continuous Year Of Full-Time Employment Abroad Employment Abroad In A Managerial Or Executive Capacity Employment In The Us In A Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Information Technology
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 A Managerial Capacity
dismissed
L-1A
Human Resources
The appeal was dismissed because the Petitioner failed to establish that its new office would support the Beneficiary in a managerial positi...
Managerial Capacity New Office Requirements Staffing Levels
sustained
L-1A
Automotive Manufacturing
The appeal was sustained because the AAO found that the Director erred in the analysis of the beneficiary's role. The petitioner provided su...
Managerial Or Executive Capacity Function Manager
dismissed
L-1A
Clothing Wholesale
The motion to reopen and reconsider was denied because the petitioner failed to provide new evidence to resolve ownership discrepancies and ...
Qualifying Relationship Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The U.S. Motion To Reopen Motion To Reconsider
dismissed
L-1A
Real Estate
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
Trucking
The motion to reopen and reconsider was denied, upholding the prior dismissal. Although the petitioner resolved an issue regarding the quali...
Managerial Or Executive Capacity Qualifying Relationship Staffing Organizational Structure
dismissed
L-1A
Restaurant
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.) Executive Capacity Job Duties Organizational Structure
dismissed
L-1A
Furniture Wholesale
The appeal was dismissed because the petitioner failed to establish it had secured sufficient physical premises for its new office at the ti...
Sufficient Physical Premises For A New Office Employment Abroad In A Managerial/Executive Capacity Ability Of New Office To Support A Managerial/Executive Position
dismissed
L-1A
Automobile Parts
The appeal was dismissed because the petitioner failed to establish the beneficiary's qualifying employment abroad in a managerial or execut...
Employment Abroad In A Managerial Or Executive Capacity New Office Requirements Financial Ability To Commence Business
sustained
L-1A
Food Processing
The Director initially denied the petition, concluding the beneficiary would not be employed in a managerial or executive capacity. The appe...
Employment In A Managerial Or Executive Capacity
sustained
L-1A
Hospitality Management
The appeal was sustained because the petitioner provided additional explanations and evidence demonstrating that the beneficiary was employe...
Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The U.S.
remanded
L-1A
Real Estate Investment
The appeal was remanded because the Director's decision improperly focused only on the petitioner's staffing levels at the time of filing an...
New Office Requirements Managerial Or Executive Capacity Ability To Support Position Within One Year Staffing Levels Business Plan
dismissed
L-1A
Wholesale Distribution
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
dismissed
L-1A
Home Appliances
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a primarily executive capacity...
Executive Capacity Staffing And Organizational Structure
remanded
L-1A
Investment Research
The Director's decision was withdrawn and the matter was remanded. The AAO found that the Director improperly based the revocation on a site...
Doing Business Managerial Capacity
remanded
L-1A
Systems Management
The appeal was remanded because the Director's denial was procedurally flawed. The AAO found the Director failed to provide a meaningful ana...
Managerial/Executive Capacity (Abroad) Managerial/Executive Capacity (U.S.) Beneficiary Qualifications
dismissed
L-1A
Marketing And Advertising
The appeal was dismissed because the petition became moot. The Petitioner company filed for dissolution after submitting the petition, meani...
Managerial Or Executive Capacity New Office Qualifying Relationship Active And Legal U.S. Entity
remanded
L-1A
Data Analytics
The Director's decision was withdrawn because the initial reasons for denial, related to subordinates and work location discrepancies, were ...
Managerial Or Executive Capacity Doing Business Supervision Of Subordinates Verifiability Of Business Locations
dismissed
L-1A
Medical Equipment
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 Function Manager Job Duties New Office Extension
dismissed
L-1A
Food Wholesale
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.) Managerial Capacity (Abroad) Job Duties Staffing Levels New Office Requirements
dismissed
L-1A
Façade Design
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. employment would be primarily in a ...
Sufficient Physical Premises Managerial Or Executive Capacity New Office Requirements
dismissed
L-1A
Robotics
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed in a qualifying managerial capacity ...
Employment Abroad In A Managerial Capacity Employment Abroad In An Executive Capacity Proposed Employment In The U.S. In A Managerial Or Executive Capacity
dismissed
L-1A
Sales
The motion to reopen and motion to reconsider were denied. The petitioner failed to state new facts to support reopening and did not establi...
Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
remanded
L-1A
Textiles
The matter was remanded because the Director's initial denial offered an incomplete analysis and did not adequately explain the deficiencies...
Managerial Capacity Executive Capacity
dismissed
L-1A
Software Development
The appeal was dismissed because the petitioner did not overcome the Director's finding that the beneficiary would not be employed in a qual...
Managerial Capacity Executive Capacity Function Manager Personnel Manager
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 Capacity Executive Capacity Staffing Levels Organizational Structure Beneficiary'S Job Duties New Office Provisions
dismissed
L-1A
Information Technology
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed primarily in an executive capacit...
Employed Abroad In A Managerial Or Executive Capacity Employed In The U.S. In A Managerial Or Executive Capacity Definition Of Executive Capacity Staffing Levels
dismissed
L-1A
Technology
The motion to reopen was dismissed for failing to provide new documentary evidence, only assertions from counsel. The motion to reconsider w...
Executive Capacity New Office Extension
dismissed
L-1A
Automotive Parts And Transport Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacit...
Qualifying Executive Capacity Foreign Entity Doing Business New Office Extension Requirements Organizational Structure And Staffing
dismissed
L-1A
Oil And Gas
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Or Executive Capacity
dismissed
L-1A
International Trade
The appeal was dismissed because the Petitioner did not establish that the Beneficiary would be employed in a qualifying executive capacity....
Employment In An Executive Capacity Sufficient Staffing Temporary Nature Of Employment
dismissed
L-1A
Restaurant Management
The appeal was dismissed because the petitioner failed to establish that its new office would support a managerial position within one year....
New Office Requirements Support Of Managerial Position Within One Year Managerial Capacity (Abroad) Managerial Capacity (U.S.) Projected Staffing Business Plan Financial Viability
dismissed
L-1A
Audio-Visual Systems
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity In U.S. Position Supervision Of Employees Management Of An Essential Function Primarily Managerial Duties Qualifying Employment Abroad
dismissed
L-1A
Real Estate And Export
The motion to reopen and reconsider was denied because the petitioner failed to provide new facts or demonstrate that the previous decision ...
Qualifying Employment Abroad Managerial Or Executive Capacity Doing Business
dismissed
L-1A
Steel Production
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
Managerial Capacity Abroad Personnel Management Job Duties
sustained
L-1A
Computing Products And Services
The appeal was sustained because the AAO determined the Director had improperly assessed the Beneficiary's role as a function manager. The P...
Managerial Capacity (Abroad) Managerial Capacity (U.S.) Function Manager
dismissed
L-1A
Real Estate
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence to overcome the grounds for the prior appe...
Motion To Reopen Standards Qualifying Work Abroad In An Executive Or Managerial Capacity Ineffective Assistance Of Counsel New Office Requirements
dismissed
L-1A
Aircraft Components Manufacturing
The appeal was dismissed as moot. The Beneficiary had already obtained permanent resident status subsequent to the filing of the appeal, whi...
Managerial Or Executive Capacity
dismissed
L-1A
Import
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 Staffing Levels
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...
Managerial Or Executive Capacity Abroad New Office Will Support A Managerial/Executive Position
dismissed
L-1A
Industrial Lubricants
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a primari...
Managerial Capacity Executive Capacity Employment Abroad
dismissed
L-1A
Logistics
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 Executive Capacity New Office Extension Requirements Function Manager
remanded
L-1A
Restaurant / Educational Consulting
The appeal was remanded because the Director's decision to revoke the petition was inadequately reasoned. The AAO found that the Director fa...
Employment In An Executive Capacity Organizational Structure Staffing Levels Duties Of Subordinate Employees
remanded
L-1A
Automotive
The appeal was remanded because the Director applied an incorrect legal standard to the petitioner's motion to reopen. The Director wrongly ...
Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Beauty Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed role in the United States would be prima...
Employment In The U.S. In A Managerial Or Executive Capacity Employment Abroad In A Managerial Or Executive Capacity
dismissed
L-1A
Convenience Store
The appeal was dismissed because the petitioner failed to establish that its new convenience store operation would support the beneficiary i...
Employment Abroad In Managerial/Executive Capacity Support For Managerial/Executive Position Within One Year Executive Capacity Of U.S. Position New Office Requirements
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to establish that the new U.S. office would support a primarily managerial or executi...
Employment Abroad In A Managerial Or Executive Capacity Ability Of A New Office To Support A Managerial Or Executive Position Within One Year Definition Of 'Managerial Capacity' Definition Of 'Executive Capacity' Job Duties Of The Proffered Position
dismissed
L-1A
Education Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial capac...
New Office Requirements Sufficient Physical Premises Employment Abroad In A Managerial Capacity Proposed Employment In A Managerial Capacity
sustained
L-1A
Medical Devices
The appeal was sustained because the petitioner provided sufficient new evidence to demonstrate that the beneficiary's roles, both abroad an...
Managerial Capacity
dismissed
L-1A
Finance And 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 Capacity Employment In The U.S. In A Managerial Capacity Qualifying Relationship Managerial Capacity Definition (Personnel Authority)
dismissed
L-1A
International Trade
The motion to reconsider was dismissed because the petitioner failed to demonstrate that the original decision was incorrect. The AAO clarif...
Executive Capacity Staffing Levels Primarily Performing Qualifying Duties Reasonable Needs Of The Organization
sustained
L-1A
Business Management
The appeal was sustained because the AAO found sufficient evidence that the beneficiary would be employed in a managerial capacity. The reco...
Managerial Capacity
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