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 6 of 43
dismissed
L-1A
Commercial Development
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Unknown
The appeal was rejected because governing regulations, specifically 8 C.F.R. § 214.1(c)(5), state there is no appeal from the denial of an a...
Appealability Of Form I-539 Denial 8 C.F.R. 214.1(C)(5)
dismissed
L-1A
Diamond Importing And 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 Extension Requirements Organizational Complexity Staffing Levels
dismissed
L-1A
International Trade
The appeal was summarily dismissed because the petitioner failed to identify any specific error in the director's decision, instead arguing ...
Qualifying Employment Abroad (Managerial/Executive) New Office Extension Requirements Failure To Identify Error On Appeal Doing Business Staffing Existence Of Qualifying U.S. Entity
dismissed
L-1A
Automotive Electronics
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to that of a permanent resident through a s...
Managerial Or Executive Capacity
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to establish two key points. First, it did not demonstrate that the beneficiary was e...
Managerial Capacity Abroad Executive Capacity In The U.S. New Office Extension Requirements Staffing Levels
dismissed
L-1A
Stone 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
Marketing And Promotional Merchandise
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial capacit...
Managerial Capacity Supervision Of Professional/Supervisory Employees Management Of An Essential Function Qualifying Relationship Between U.S. And Foreign Entities
dismissed
L-1A
Transportation
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 Detailed Job Description
dismissed
L-1A
Unknown
The appeal was dismissed because counsel for the petitioner requested that the appeal be withdrawn. The AAO's decision was based solely on t...
Withdrawal Of Appeal
dismissed
L-1A
Construction Management
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
Jewelry
The motion to reopen was dismissed on procedural grounds. The petitioner's motion did not state new facts or include supporting evidence at ...
Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen Requirements
dismissed
L-1A
Handcrafted Goods
The appeal was dismissed because the petitioner, a new office, failed to prove that the U.S. entity would support a primarily managerial or ...
Managerial Capacity Executive Capacity New Office Requirements
dismissed
L-1A
Event Sound Systems
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 Doing Business
dismissed
L-1A
Retail
The director denied the petition for failing to establish that the beneficiary would be employed in a primarily managerial or executive capa...
Managerial Or Executive Capacity Qualifying Organization
dismissed
L-1A
Import/Sale Of Goods
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 And 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 Requirements
dismissed
L-1A
Computer Programming
The appeal was dismissed because the petitioner failed to prove it had secured sufficient physical premises for its new office. The petition...
Sufficient Physical Premises For New Office Executive Capacity Of U.S. Position Executive Capacity Of Foreign Position New Office'S Ability To Support An Executive/Managerial Position Within One Year
dismissed
L-1A
Retail
The motion to reconsider was dismissed because the underlying appeal was correctly rejected as untimely filed. The petitioner's appeal was r...
Timely Filing Of Appeal Managerial Capacity Executive Capacity
dismissed
L-1A
Exports And Imports
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial capa...
Managerial Capacity Staffing Levels
dismissed
L-1A
Consultancy
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
Wholesale 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 Organizational Structure Supervision Of Employees Beneficiary'S Proposed Duties
dismissed
L-1A
Swimming Pool Services
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
dismissed
L-1A
Sales And Distribution
The appeal was dismissed because the petitioner failed to overcome the director's grounds for denial. The director found the petitioner did ...
Managerial Or Executive Capacity Doing Business Staffing Of The New Operation New Office Extension Requirements
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. No substantive issues of the case were dis...
dismissed
L-1A
Computer Wholesale
The appeal was dismissed because the petitioner failed to establish two key requirements for the L-1A extension. The director concluded that...
Managerial Or Executive Capacity Qualifying Relationship New Office Extension Requirements
dismissed
L-1A
Automotive Parts
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact f...
Managerial Or Executive Capacity Procedural Requirements For Appeal
dismissed
L-1A
Computer Hardware And Software
The appeal was dismissed because the petitioner failed to establish the existence of a qualifying relationship between the U.S. company and ...
Qualifying Relationship Gross Error In Approval Qualifying Organization Affiliate/Subsidiary Relationship
dismissed
L-1A
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 Requirements
dismissed
L-1A
Equipment
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 New Office Extension Requirements
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner requested to withdraw it. The merits of the case were not discussed.
dismissed
L-1A
Promotional And Advertising Services
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The evi...
Qualifying Organization Subsidiary Relationship Affiliate Relationship Common Ownership And Control
dismissed
L-1A
Retail Investment
The appeal was rejected because it was improperly filed. The regulations state that the beneficiary of a visa petition is not a recognized p...
Managerial Or Executive Capacity Qualifying Relationship Doing Business Abroad Proper Filing Of Appeal
dismissed
L-1A
Import-Export 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
Engineering
The director's decision was withdrawn and the case was remanded for further consideration. The initial denial was based on the conclusions t...
Managerial Capacity Executive Capacity Temporary Nature Of Employment New Office Requirements
dismissed
L-1A
Publishing
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or specifically identify any erroneous conclusi...
New Office Requirements Qualifying Relationship Failure To Identify Error On Appeal
dismissed
L-1A
Construction And 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 Or Executive Capacity Qualifying Relationship Between Organizations
dismissed
L-1A
Business
The initial appeal was summarily dismissed because the petitioner failed to submit a brief. In a subsequent motion to reopen, counsel assert...
Managerial Or Executive Capacity
dismissed
L-1A
Business
The appeal was dismissed because the petitioner failed to establish that the beneficiary had completed at least one continuous year of emplo...
One Year Continuous Foreign Employment Managerial/Executive Capacity
dismissed
L-1A
Import/Export And Auto Repair
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 New Office Extension Requirements
dismissed
L-1A
Jewelry Wholesale
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence to specifically identify...
Managerial Capacity Executive Capacity
dismissed
L-1A
Medical Transcription
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 New Office Extension
dismissed
L-1A
Marketing
The appeal was summarily dismissed on procedural grounds. The petitioner filed a notice of appeal but failed to submit a brief or evidence, ...
Qualifying Relationship Beneficiary'S Foreign Employment Capitalization Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Unknown
The appeal was dismissed based on a procedural action rather than the merits of the case. The petitioner's counsel formally requested that t...
Withdrawal Of Appeal
remanded
L-1A
Web Development & Trade
The director initially denied the petition, concluding the petitioner did not establish that the beneficiary would be employed in a primaril...
Managerial Capacity Executive Capacity New Office Extension Requirements
dismissed
L-1A
Retail
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 New Office Extension Staffing
remanded
L-1A
Fashion Retail
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a primarily m...
Managerial Capacity Executive Capacity
dismissed
L-1A
Business
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. Specifi...
Qualifying Relationship Doing Business Ownership And Control Managerial Or Executive Capacity
dismissed
L-1A
Management And Investment Services
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact i...
Qualifying Organization Qualifying Relationship (Parent/Subsidiary) Managerial Or Executive Capacity
dismissed
L-1A
Telecommunications
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 New Office Extension
dismissed
L-1A
Wholesale Giftware
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
Plastics Manufacturing
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after requesting an exte...
Managerial Or Executive Capacity Seven-Year Limit On Stay Qualifying Relationship Failure To Identify Error On Appeal
dismissed
L-1A
Manufacturing
The appeal was summarily dismissed because the petitioner, on appeal, failed to specifically identify any erroneous conclusion of law or sta...
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact Resolving Inconsistencies In The Record
dismissed
L-1A
Real Estate Maintenance
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
Electromachinery
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
dismissed
L-1A
Computer Software
The appeal was summarily dismissed because the petitioner's counsel failed to specifically identify any erroneous conclusion of law or state...
Qualifying Relationship Sufficient Investment Failure To Submit Requested Evidence Failure To State Grounds For Appeal
dismissed
L-1A
Export/Import And General Trading
The director denied the petition for an L-1A extension, concluding that the petitioner failed to establish that the beneficiary would be emp...
Managerial Capacity Executive Capacity
dismissed
L-1A
Unknown
The appeal was dismissed. The dismissal was based on a request from the petitioner's counsel to withdraw the appeal.
dismissed
L-1A
Office Services
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed abroad for one continuous year within ...
One Year Of Continuous Employment Abroad Managerial Or Executive Capacity (Abroad) New Office Requirements
dismissed
L-1A
Jewelry Manufacturing
The appeal was dismissed because the petitioner failed to overcome the director's findings on two key points. The petitioner did not provide...
Managerial/Executive Capacity Qualifying Relationship New Office Requirements
remanded
L-1A
Oil And Gas
The director denied the petition after concluding that the petitioner, incorporated in 1998 with an active bank account, did not qualify as ...
New Office Requirements Managerial Or Executive Capacity Qualifying Relationship Doing Business Sufficient Physical Premises
dismissed
L-1A
Business
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 Doing Business Staffing Levels
dismissed
L-1A
Dry Cleaning
The appeal was dismissed because the petitioner sought a second 'new office' petition after the first one-year period expired without the bu...
New Office Requirements Managerial Or Executive Capacity Doing Business Extension Of New Office Petition Eligibility For A Second New Office Petition
dismissed
L-1A
Dental Software Development
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 Supervision Of Professional Employees Proposed Employment In The U.S. In A Managerial Or Executive Capacity
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
dismissed
L-1A
Therapeutic Massage
The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined that the appeal was improperly filed by the...
Standing To Appeal Managerial Or Executive Capacity Doing Business
dismissed
L-1A
Automotive Restoration
The appeal was dismissed because the petitioner failed to provide a detailed description of the beneficiary's daily duties to prove they wer...
Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Retail Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive or manag...
Managerial Or Executive Capacity Job Duties Description Staffing Levels Supervision Of Subordinate Employees New Office Requirements
dismissed
L-1A
Electrical Equipment
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The pet...
Qualifying Relationship Managerial/Executive Capacity Ownership And Control
dismissed
L-1A
Restaurant
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed abroad in a primarily managerial ...
Employment Abroad In A Primarily Managerial Capacity Employment Abroad In A Primarily Executive Capacity Qualifying Organization New Office Requirements
dismissed
L-1A
Music Industry
The appeal was dismissed because the petitioner failed to establish that the beneficiary's duties are primarily managerial or executive. The...
Managerial Capacity Executive Capacity
dismissed
L-1A
Plastering Contractor
The motion to reopen and reconsider was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to that of a perma...
Managerial Or Executive Capacity Doing Business
dismissed
L-1A
Amusement Machines
The director denied the petition because the petitioner failed to establish a qualifying relationship, that the beneficiary would be employe...
Qualifying Relationship Managerial Or Executive Capacity Doing Business New Office Requirements Staffing
dismissed
L-1A
Electrical Equipment
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that the beneficiary would be employed i...
Managerial Capacity Executive Capacity Qualifying Relationship
dismissed
L-1A
Import/Export
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fa...
Managerial Capacity Executive Capacity Organizational Complexity Staffing Levels
dismissed
L-1A
Unknown
The appeal was rejected as untimely filed. The petitioner filed the appeal 36 days after the director's decision was issued, exceeding the 3...
Timely Filing Of Appeal Standing To File Appeal
dismissed
L-1A
Textiles
The appeal was dismissed because the petitioner failed to provide sufficient evidence that the beneficiary would be employed in a primarily ...
Managerial Capacity Executive Capacity
dismissed
L-1A
Exporting Used Copying Machines
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 Doing Business
dismissed
L-1A
Investments And Construction
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 New Office Extension Requirements Sufficient Staffing Doing Business For One Year Financial Viability
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner, seeking an extension for a 'new office' petition, failed to establish it had been 'doing bu...
Doing Business For One Year Managerial Or Executive Capacity New Office Extension Requirements
dismissed
L-1A
Construction
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 Procedural Grounds For Dismissal New Office Requirements Qualifying Relationship
dismissed
L-1A
Refrigeration And Kitchen Equipment
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 New Office Extension Requirements
dismissed
L-1A
Business Education
The director denied the petition because the petitioner failed to demonstrate that the new U.S. office would be able to support an executive...
New Office Requirements Ability To Support An Executive Or Managerial Position Within One Year Size Of The United States Investment Managerial Or Executive Capacity
dismissed
L-1A
International Trade
The appeal was summarily dismissed because the petitioner failed to specifically address the director's reasons for denial. The director fou...
Managerial Or Executive Capacity Supervision Of Staff Nature Of Duties
dismissed
L-1A
Hospitality
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The dir...
Qualifying Relationship Affiliate Status Ownership And Control Franchise Agreement
dismissed
L-1A
Investments And Management
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to a permanent resident on June 14, 2005, m...
Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Insurance
The appeal was dismissed as moot. The AAO found that the beneficiary was already the beneficiary of a separate, approved L-1A petition with ...
Employment In A Primarily Managerial Or Executive Capacity U.S. Company Doing Business For The Previous Year
dismissed
L-1A
Security Equipment
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 New Office Requirements (Investment, Ability To Commence Business) Sufficient Physical Premises Qualifying Relationship (Subsidiary) Failure To Identify Specific Errors On Appeal
dismissed
L-1A
International Trade
The appeal was dismissed because the petitioner failed to establish the financial viability of the new U.S. office as required for an L-1A n...
Sufficient Physical Premises Size Of The United States Investment Financial Ability To Commence Doing Business In The United States New Office Requirements
dismissed
L-1A
Janitorial Services
The appeal was dismissed because the petitioner failed to provide sufficient evidence demonstrating that the beneficiary would be employed i...
Managerial Capacity Executive Capacity
dismissed
L-1A
Religion
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or exec...
Managerial Capacity Qualifying Relationship
dismissed
L-1A
Travel Services
The appeal was dismissed because the petitioner failed to establish that the new U.S. office was sufficiently funded at the time the petitio...
New Office Requirements Size Of U.S. Investment Financial Ability Of Foreign Entity Managerial Or Executive Capacity
dismissed
L-1A
Industrial Equipment Sales
The motion to reopen and reconsider was dismissed on procedural grounds. The attorney who filed the motion was not properly authorized to re...
Managerial Or Executive Capacity Qualifying Relationship Motion To Reopen Requirements Motion To Reconsider Requirements Proper Legal Representation
dismissed
L-1A
International Travel
The appeal was dismissed because the petitioner failed to establish that the beneficiary had been employed by the foreign entity primarily i...
Managerial Capacity Executive Capacity
dismissed
L-1A
Toy And Chemical 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 New Office Extension Requirements
dismissed
L-1A
Janitorial Services
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
dismissed
L-1A
Construction
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capaci...
Managerial Capacity
dismissed
L-1A
Marketing And Sales
The director initially denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a p...
Managerial Capacity Executive Capacity
dismissed
L-1A
Hospitality
The appeal was dismissed primarily because the extension petition was filed after the beneficiary's original period of stay had expired, mak...
Managerial Or Executive Capacity Qualifying Relationship Timely Filing Of Extension New Office Requirements
dismissed
L-1A
Award Products Manufacturing
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign entity as required for the L-...
Qualifying Relationship Joint Venture Ownership And Control
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