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 4 of 43
dismissed
L-1A
Guitar Business
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad primarily in a managerial or execut...
Managerial Capacity Executive Capacity New Office Requirements One Year Of Prior Employment Abroad
dismissed
L-1A
Automobile Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad in a primarily managerial or ex...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Managerial Capacity (U.S.) Doing Business
dismissed
L-1A
Restaurant
The appeal was rejected as untimely because it was filed 40 days after the decision was issued, exceeding the 33-day limit. The AAO also not...
Untimely Filing Of Appeal Sufficient Physical Premises For A New Office Financial Ability To Commence Business Qualifying Relationship Between Entities One Year Of Continuous Employment Abroad
dismissed
L-1A
Sports Products
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner's counsel did not specifi...
Managerial Or Executive Capacity Failure To State Grounds For Appeal
dismissed
L-1A
Unknown
The appeal was dismissed because it was withdrawn by the petitioner's counsel. The decision was not based on the merits of the case.
dismissed
L-1A
Real Estate And Dry Cleaning
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Parent-Subsidiary Relationship Ownership And Control New Office Requirements
dismissed
L-1A
Cosmetics
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
Furniture
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The rec...
Qualifying Relationship Between Entities Executive Or Managerial Capacity
dismissed
L-1A
Apparel
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily managerial or executiv...
Managerial Capacity Executive Capacity
dismissed
L-1A
Clothing Retail
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. company and the foreign entit...
Qualifying Relationship Subsidiary/Parent Relationship Ownership And Control New Office Requirements
dismissed
L-1A
Investment/Real Estate/Retail
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
remanded
L-1A
Retail Food
The director denied the petition, concluding that the franchise agreement with American Dairy Queen would mean the franchisor, not the benef...
Qualifying Relationship New Office Requirements Managerial Or Executive Capacity Control Of U.S. Entity
dismissed
L-1A
Event Production
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
Import/Export
The appeal was rejected on procedural grounds, not on its merits. The AAO determined the appeal was untimely filed, 48 days after the direct...
Managerial Or Executive Capacity Doing Business In The U.S.
dismissed
L-1A
Unknown
The appeal was rejected because it was filed untimely. The director's decision was issued on December 27, 2005, but the appeal was received ...
Timely Filing Of Appeal Treating Untimely Appeal As A Motion To Reopen Or Reconsider
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The evi...
Qualifying Relationship Parent Subsidiary Affiliate Doing Business
dismissed
L-1A
Jewelry
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 Extension Staffing Requirements
dismissed
L-1A
Dry Cleaning
The appeal was dismissed as moot because the beneficiary had already adjusted their status to that of a permanent resident on December 23, 2...
Managerial Or Executive Capacity Mootness
dismissed
L-1A
Computer Consultation Services
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 New Office Extension Requirements
dismissed
L-1A
Restaurant
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
dismissed
L-1A
Office Equipment Sales And Service
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed by the foreign entity in a primarily m...
Managerial Capacity Executive Capacity New Office Requirements Qualifying Employment Abroad
dismissed
L-1A
Electrical Engineering
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Executive Capacity Managerial Capacity Staffing New Office Extension Requirements
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 or exe...
Managerial Capacity Executive Capacity New Office Extension Staffing Levels Job Duties
dismissed
L-1A
Beer Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the beneficiary's foreign employer. The d...
Qualifying Relationship Ownership And Control Affiliate Status
dismissed
L-1A
Precious Stone Trading
The appeal was dismissed because the petitioner failed to overcome the director's findings. The petitioner did not establish that the benefi...
Managerial Or Executive Capacity Doing Business For One Year Staffing
dismissed
L-1A
Cable Television
The motion to reconsider was dismissed for failing to meet regulatory requirements, as the petitioner did not support its motion with pertin...
Managerial Or Executive Capacity Doing Business Motion To Reconsider Requirements Timely Filing Of Brief
dismissed
L-1A
Dry Cleaning
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity Qualifying Organization New Office Extension Requirements
dismissed
L-1A
Culinary Arts
The appeal was dismissed because the petitioner failed to prove that the beneficiary was employed abroad in a primarily managerial or execut...
Managerial Capacity Executive Capacity Employment Abroad In A Qualifying Capacity Proposed Employment In The U.S. In A Qualifying Capacity
dismissed
L-1A
Business Management
The appeal was dismissed as moot. The AAO noted that a subsequent L-1A petition for the same beneficiary had already been approved, providin...
Managerial Or Executive Capacity Doing Business In The U.S.
dismissed
L-1A
Wholesale Luggage
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Unknown
The appeal was dismissed because the petition to change the beneficiary's status from L-1B to L-1A was not filed in a timely manner. The dir...
Change Of Status From L-1B To L-1A Period Of Stay Limitations Timeliness Of Filing Eligibility For 7-Year Maximum Stay 6-Month Employment In Managerial Capacity
dismissed
L-1A
Metal And Wire Mesh Manufacturing
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily managerial or executiv...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels Beneficiary'S Duties
dismissed
L-1A
Retail Sales
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 Doing Business
dismissed
L-1A
Recreational And Educational Services
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Electronics Manufacturing
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Managerial Capacity Executive Capacity Function Manager Specialized Knowledge
dismissed
L-1A
Import/Export
The appeal was summarily dismissed because the petitioner failed to establish a qualifying parent-subsidiary relationship. The director foun...
Qualifying Relationship Parent-Subsidiary Relationship Ownership And Control Sufficiency Of Evidence Summary Dismissal
dismissed
L-1A
Food Import/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
dismissed
L-1A
Import/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
dismissed
L-1A
Import And Export
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 Supervision Of Professional Or Managerial Staff
dismissed
L-1A
Kitchen Furniture
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 Requirements Doing Business Staffing
dismissed
L-1A
Architectural Services
The appeal was dismissed because the petitioner, seeking a 'new office' extension, failed to demonstrate it had developed sufficient staffin...
Managerial Or Executive Capacity Doing Business Staffing For A New Office
dismissed
L-1A
Healthcare
The appeal was dismissed as moot because the beneficiary had already adjusted their status to that of a permanent resident. The AAO noted th...
Employment Abroad In A Primarily Managerial Or Executive Capacity Employment In The U.S. In A Primarily Managerial Capacity Qualifying Relationship With The Foreign Employer
dismissed
L-1A
Cleaning Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities as requi...
Qualifying Relationship New Office Extension Subsidiary Affiliate Ownership And Control
dismissed
L-1A
Furniture Sales
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in the United States in a prima...
Managerial Capacity Executive Capacity
dismissed
L-1A
Insurance 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 New Office Extension Requirements
dismissed
L-1A
Mechanical Parts
The director revoked the petition because the beneficiary would not be employed in a managerial or executive capacity after the first year, ...
Managerial Or Executive Capacity New Office Requirements Sufficient Physical Premises Doing Business
dismissed
L-1A
Heavy Machinery Export
The appeal was rejected because it was untimely filed, 52 days after the director's decision. The AAO also addressed the merits, concurring ...
Managerial Capacity Executive Capacity Timeliness Of Appeal Staffing Levels New Office Extension Primarily Performing Qualifying Duties
dismissed
L-1A
Unknown
The appeal was rejected because it challenged the denial of an application for extension of stay filed on Form I-539. Per regulation 8 C.F.R...
8 C.F.R. § 214.1(C)(5)
dismissed
L-1A
Medical Supplies
The appeal was dismissed because the petitioner failed to prove that the intended U.S. operation would support an executive or managerial po...
New Office Requirements Ability To Support A Managerial/Executive Position Size Of U.S. Investment Financial Ability Of Foreign Entity
dismissed
L-1A
Computer Hardware
The appeal was summarily dismissed because the petitioner failed to submit a brief and/or additional evidence to support the appeal after in...
Managerial Or Executive Capacity
dismissed
L-1A
Investment And Trade
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Executive Capacity New Office Extension
remanded
L-1A
Dairy Consulting And Equipment Sales
The director denied the petition by incorrectly classifying the petitioner as a 'new office' and finding it failed to establish the size of ...
New Office Requirements Definition Of 'Doing Business' Size Of The United States Investment Financial Ability Of The Foreign Entity Qualifying Relationship
dismissed
L-1A
Antique Imports
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
Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive...
Managerial Capacity Executive Capacity Function Manager New Office Extension
dismissed
L-1A
Business
The appeal was dismissed as moot. Records indicated that the beneficiary had already adjusted their status to that of a permanent resident, ...
Qualifying Relationship Mootness
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner sought to amend the beneficiary's status from L-1B to L-1A, but the requested employment dat...
Change Of Status From L-1B To L-1A Extension Of Stay Timeliness Of Filing Maximum Period Of Stay Amended Petition Requirements
dismissed
L-1A
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house its proposed n...
Sufficient Physical Premises For New Office Definition Of 'New Office' Managerial/Executive Capacity For New Office Ability To Support Managerial/Executive Position Within One Year Definition Of 'Doing Business'
dismissed
L-1A
Equipment Leasing
The appeal was rejected because it was not filed in a timely manner. The appeal was submitted 33 days after the decision was served by fax, ...
Timely Filing Of Appeal Qualifying Relationship Motion To Reopen Or Reconsider
dismissed
L-1A
Freight Forwarding
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house the new office...
New Office Requirements Sufficient Physical Premises Doing Business Managerial Or Executive Capacity
remanded
L-1A
Unknown
The appeal was remanded because the director improperly denied the petition based on a misinterpretation of regulations concerning the timin...
Period Of Stay Limitation Change Of Status From L-1B To L-1A Six-Month Managerial Employment Requirement Timely Filing Of Petition
dismissed
L-1A
Flower Import/Distribution
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
Property Management
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party with standing to file an appeal un...
Standing To Appeal Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
L-1A
Plastics Trading
The director denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial...
Executive Capacity Managerial Capacity New Office Extension
dismissed
L-1A
Not Specified
The appeal was rejected because it was not timely filed; the properly executed appeal form was submitted 42 days after the decision was mail...
Timely Filing Of Appeal Properly Executed Forms Standing To File Appeal
dismissed
L-1A
Television Production
The appeal was summarily dismissed on procedural grounds. The AAO found that the petitioner failed to specifically identify any erroneous co...
Managerial Or Executive Capacity Qualifying Relationship (Subsidiary/Affiliate) One Year Of Prior Employment Abroad
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner failed to meet the regulatory requirements for extending the beneficiary's stay beyond the f...
Maximum Period Of Stay Promotion From Specialized Knowledge To Manager Prior Cis Approval Of Change In Capacity Six-Month Employment In Managerial Role
dismissed
L-1A
Restaurant And Property Development
The appeal was dismissed because the petitioner failed to establish that the beneficiary had one continuous year of employment abroad within...
One Year Of Continuous Employment Abroad New Office Requirements Managerial Or Executive Capacity
dismissed
L-1A
Marble Import/Installation
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact On Appeal
dismissed
L-1A
Computer Parts Sales
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
dismissed
L-1A
Heating Systems Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary's role as president/CEO would be primarily manageri...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Real Estate
The appeal was dismissed because the petitioner, a real estate company, failed to prove it was 'doing business' as required for an L-1A new ...
New Office Extension Doing Business Qualifying Organization
dismissed
L-1A
Restaurant
The petitioner sought a second one-year "new office" approval after its initial one-year period and a subsequent extension denial. The petit...
Managerial Or Executive Capacity New Office Requirements New Office Extension Requirements Doing Business
dismissed
L-1A
Import/Distribution
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The evi...
Qualifying Relationship Doing Business Managerial Or Executive Capacity New Office Extension Requirements
remanded
L-1A
Cutlery Distribution
The director denied the petition, finding the petitioner had not established it would be 'doing business' in the United States and was merel...
New Office Requirements Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Automotive Software
The AAO stated the appeal would be rejected on procedural grounds, which is functionally a dismissal. The underlying petition had been denie...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to prove the beneficiary had one continuous year of employment abroad within the thre...
One Continuous Year Of Full-Time Employment Abroad Employment Within The Three Years Preceding The Filing Of The Petition Interruptive Vs. Non-Interruptive Periods Spent In The United States
dismissed
L-1A
Trade And Travel
The motion to reopen and reconsider was dismissed because it failed to meet the regulatory requirements. The petitioner did not present any ...
Managerial Or Executive Capacity Motion To Reopen Requirements Motion To Reconsider Requirements Ineffective Assistance Of Counsel
dismissed
L-1A
Garment Import/Trade
The appeal was dismissed because the petitioner failed to overcome the director's findings. The director initially denied the petition for f...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Property Maintenance
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to challenge the directo...
Managerial Or Executive Capacity Sufficient Physical Premises
dismissed
L-1A
Event Planning And Catering
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or evidence to specifically identify any error ...
Doing Business For One Year Managerial Or Executive Duties Failure To Identify Specific Error On Appeal
dismissed
L-1A
Retail
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after indicating they wo...
Managerial/Executive Capacity
dismissed
L-1A
Security Systems
The director denied the petition, and the AAO dismissed the appeal, because the petitioner failed to establish that the beneficiary was empl...
Managerial Capacity Executive Capacity New Office Extension Qualifying Organization
dismissed
L-1A
Convenience Store Management
The appeal was dismissed because the petitioner did not establish that the beneficiary would be employed in a primarily managerial or execut...
Managerial Capacity Executive Capacity Staffing New Office Requirements
dismissed
L-1A
Software
The director denied the petition because the petitioner failed to demonstrate that the beneficiary would be employed by the U.S. entity in a...
Managerial Capacity Executive Capacity
dismissed
L-1A
Property Investment And Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Subsidiary Affiliate Ownership And Control New Office Requirements
dismissed
L-1A
Elder Care
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
dismissed
L-1A
Agricultural Products
The appeal was dismissed because the petitioner, a new office with the beneficiary as its sole employee, failed to establish that the benefi...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Computer Retail
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
dismissed
L-1A
Restaurant Management
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity. There was a significa...
Qualifying Relationship Subsidiary Definition Ownership And Control Doing Business
dismissed
L-1A
Intracompany Transferee
The appeal was rejected because the AAO lacks jurisdiction to review the case. The governing regulation, 8 C.F.R. § 214.1(c)(5), states that...
Right To Appeal Jurisdiction Extension Of Stay (Form I-539)
dismissed
L-1A
Electronics Wholesale
The appeal was dismissed because the petitioner failed to establish that the U.S. entity had been 'doing business' for the previous year, a ...
Managerial Or Executive Capacity New Office Requirements Doing Business For One Year Staffing
dismissed
L-1A
Real Estate Management
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 Staffing Beneficiary'S Job Duties
dismissed
L-1A
Chemical Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Executive Capacity Managerial Capacity New Office Extension Staffing Levels Doing Business
dismissed
L-1A
Marketing And Manufacturing
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Employment In A Primarily Managerial Or Executive Capacity (U.S. Position) Employment In A Primarily Managerial Or Executive Capacity (Foreign Position) Organizational Staffing And Structure
dismissed
L-1A
Printing And Design
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
dismissed
L-1A
Software Development & 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 Doing Business For One Year Staffing
remanded
L-1A
Apparel/Garments
The director denied the petition for failing to establish that the new U.S. office would employ the beneficiary in a primarily managerial or...
Managerial Capacity Executive Capacity New Office Requirements Ability To Support Position Within One Year
dismissed
L-1A
Pharmaceuticals
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
dismissed
L-1A
Unknown
The appeal was rejected, as the AAO lacks jurisdiction. According to regulation 8 C.F.R. § 214.1(c)(5), there is no appeal from the denial o...
Jurisdiction To Appeal 8 C.F.R. § 214.1(C)(5)
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds without a review of the merits. The petitioner voluntarily requested to withdraw the appeal, ...
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