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 7 of 43
dismissed
L-1A
Restaurant 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 New Office Extension Requirements Qualifying Relationship
dismissed
L-1A
Marketing And Advertising
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
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 Qualifying Organizations New Office Extension Requirements
dismissed
L-1A
Not Specified
The appeal was rejected as untimely. The petitioner filed the appeal 35 days after the director's decision was mailed and faxed, exceeding t...
Timeliness Of Appeal Treating Late Appeal As A Motion
dismissed
L-1A
Audio/Visual Equipment
The appeal was dismissed as moot. According to USCIS records, the beneficiary had already adjusted their status to that of a permanent resid...
Managerial Or Executive Capacity
dismissed
L-1A
Textiles
The appeal was rejected on procedural grounds because it was improperly filed by an individual who was not an authorized representative. The...
Managerial Or Executive Capacity Abroad Ability To Support A Managerial Or Executive Position (New Office) Proper Filing Of Appeal By An Authorized Representative
dismissed
L-1A
Unknown
The appeal was dismissed because it was untimely filed. The appeal was received on September 21, 2004, more than a year after the director's...
Timely Filing Of Appeal Motion To Reopen/Reconsider
dismissed
L-1A
Business Consulting
The appeal was rejected because it was not properly filed. Under regulations, the beneficiary of a visa petition is not a recognized party a...
Primarily Managerial Or Executive Capacity Standing To Appeal
dismissed
L-1A
Unknown
The appeal was rejected because it was filed one day late. The director's decision was mailed on March 17, 2005, making the appeal due in 33...
Untimely Filing Of Appeal Treating Untimely Appeal As A Motion
dismissed
L-1A
Plastics Industry
The appeal was summarily dismissed because counsel failed to submit a brief or additional evidence to identify any erroneous conclusion of l...
Sufficient Physical Premises For A New Office New Office Will Support An Executive Or Managerial Position Within One Year Executive Or Managerial Capacity
dismissed
L-1A
Computer Sales
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party with legal standing to file an app...
Standing To File Appeal Proper Filing Requirements
dismissed
L-1A
Logistics And It Solutions
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
Unknown
The appeal was rejected as untimely filed. The decision was served on March 9, 2005, and the appeal was not received until April 11, 2005, w...
Timely Filing Of Appeal Treating An Untimely Appeal As A Motion To Reopen Or Reconsider
dismissed
L-1A
Graphic Design
The appeal was rejected because it was improperly filed by the petition's beneficiary. Per regulations, the beneficiary of a visa petition i...
Standing To File Appeal
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed abroad in a primarily managerial or ...
Managerial Or Executive Capacity One-Year Prior Employment New Office Requirements Supervision Of Personnel
sustained
L-1A
Garment Import/Export
The director denied the petition, concluding that the petitioner had not established that the new U.S. office would support a primarily mana...
Managerial Capacity Executive Capacity New Office Requirements Organizational Structure
dismissed
L-1A
Restaurant
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
Carpet Import/Wholesale
The director initially denied the petition because the petitioner failed to establish that the beneficiary would be employed in a primarily ...
Managerial Capacity Supervision Of Employees Organizational Structure
dismissed
L-1A
Venetian Blinds Manufacturing
The director denied the petition because the beneficiary was the only employee of the U.S. entity, suggesting the role would involve perform...
Managerial Capacity Executive Capacity Staffing Levels
dismissed
L-1A
Hospitality
The director denied the petition after concluding there was insufficient evidence to demonstrate that the beneficiary would be employed in a...
Executive Capacity Managerial Capacity
dismissed
L-1A
Pipe Lining
The appeal was dismissed because the petitioner failed to establish key requirements for a new office extension. The petitioner did not demo...
Managerial Or Executive Capacity Doing Business New Office Requirements
dismissed
L-1A
Software Development
The director denied the petition because the petitioner failed to prove it had secured sufficient physical premises for its new office, havi...
New Office Requirements Sufficient Physical Premises
dismissed
L-1A
Software Development
The initial petition was denied because it was filed too early, more than four months before the employment start date. The appeal was dismi...
Timeliness Of Filing Mootness
dismissed
L-1A
Import/Export
The appeal was dismissed because the petitioner, seeking an extension for a new office, failed to provide sufficient evidence to demonstrate...
Doing Business Managerial Or Executive Capacity New Office Extension Requirements Staffing Qualifying Organization
dismissed
L-1A
Air Filter Products
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
dismissed
L-1A
Exporting
The director initially denied the petition for failure to establish that the beneficiary would be employed in a managerial capacity and that...
Qualifying Relationship Managerial Or Executive Capacity
dismissed
L-1A
Oriental Medicine
The appeal was dismissed because the petitioner failed to overcome the director's finding that the beneficiary would not be employed in a pr...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels
dismissed
L-1A
Investment And Sales
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity Managerial Capacity Doing Business For One Year Staffing Of New Operation
dismissed
L-1A
Coffee 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
dismissed
L-1A
Real Estate And 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 New Office Extension Requirements Staffing Levels
dismissed
L-1A
Improvement Services
The petition was initially denied because the petitioner had not established that the beneficiary would be employed in a primarily manageria...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Clothing
The appeal was dismissed because the petitioner failed to establish that the beneficiary will be employed in a qualifying managerial or exec...
Managerial Capacity Executive Capacity New Office Extension
dismissed
L-1A
Software
The appeal was dismissed primarily because it was filed late. The AAO also noted that, even if timely, the petition was properly denied beca...
Managerial Capacity Supervision Of Personnel Nature Of Job Duties
dismissed
L-1A
Construction/Investment
The appeal was dismissed because the petitioner failed to establish eligibility at the time the petition was filed. The evidence of financia...
New Office Requirements Size Of U.S. Investment Financial Ability To Commence Business Support An Executive Or Managerial Position
dismissed
L-1A
Retail
The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily executive or manageria...
Managerial Capacity Executive Capacity
dismissed
L-1A
Real Estate Development
The appeal was dismissed because the petitioner failed to establish a qualifying relationship with the foreign employer. The director found,...
Qualifying Relationship Managerial Or Executive Capacity New Office Extension Requirements Doing Business
dismissed
L-1A
Ice Cream Display Case Business
The appeal was rejected on procedural grounds because the petitioner filed an unsigned Form I-290B. According to federal regulations, a peti...
Managerial Or Executive Capacity Properly Signed Appeal Form
dismissed
L-1A
Real Estate / Construction
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 Doing Business For One Year (New Office)
dismissed
L-1A
Household Appliances
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the U.S. in a primarily manage...
Managerial Capacity Executive Capacity
dismissed
L-1A
Clothing Retail
The appeal was summarily dismissed because the petitioner failed to specifically identify any errors in the director's decision or submit a ...
Managerial Or Executive Capacity Doing Business Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact Failure To Submit Brief/Evidence
dismissed
L-1A
Computer Hardware
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
Automotive 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
dismissed
L-1A
Apparel
The appeal was dismissed because the petitioner failed to prove that the foreign entity had made a sufficient financial investment to establ...
New Office Requirements Financial Investment Financial Ability Of The Foreign Entity
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, not on its merits. The dismissal occurred because the petitioner's counsel formally requeste...
dismissed
L-1A
International Trade
The motion to reopen was rejected on procedural grounds. The original appeal had been rejected because it was not filed by an 'affected part...
Managerial Or Executive Capacity Filing By Affected Party Jurisdiction Over Motion Timely Filing Of Motion
dismissed
L-1A
Service Warehouse
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 Qualifying Organization
dismissed
L-1A
Transportation
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party entitled to file an appeal. The Fo...
Standing To File Appeal Improperly Filed Appeal
dismissed
L-1A
Transportation
The appeal was dismissed because the petitioner failed to establish that its Canadian entity was a 'qualifying organization' that was curren...
Qualifying Organization Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Seafood
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 Qualifying Organization
dismissed
L-1A
Unknown
The appeal was dismissed on procedural grounds, as the decision was a rejection rather than a denial on merits. The AAO determined it lacked...
8 C.F.R. § 214.1(C)(5) - No Appeal For Extension Of Stay Denial 8 C.F.R. § 214.2(L)(15)(Ii) - Dependent Status For L-1 Family
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel formally requested to withdraw it. The decision was not based on the merits of the...
dismissed
L-1A
Travel And Tourism
The appeal was rejected because it was improperly filed by the beneficiary, not the petitioner. According to regulations, the beneficiary of...
Employment Abroad In A Managerial Or Executive Capacity Sufficient Physical Premises Ability To Support A Managerial Or Executive Position Standing To File Appeal
dismissed
L-1A
Restaurant Business
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 Organization
dismissed
L-1A
Bakery And Confectionery
The motion to reopen was rejected because it was filed untimely. The motion was submitted more than ten months after the AAO's decision, far...
Timeliness Of Motion To Reopen Managerial Or Executive Capacity
dismissed
L-1A
Import/Export
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 Funding And Capitalization Organizational Structure Of Foreign Entity
dismissed
L-1A
Furniture
The appeal was dismissed because the petitioner failed to establish that the U.S. new office was sufficiently funded at the time the petitio...
New Office Requirements Qualifying Relationship (Subsidiary) Managerial Capacity Size Of U.S. Investment Financial Ability To Commence Doing Business
dismissed
L-1A
Import/Export Of Computer And Office Supplies
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
dismissed
L-1A
Management
The motion to reconsider or reopen was dismissed as moot. The beneficiary had already adjusted their status to that of a permanent resident,...
Doing Business Managerial Or Executive Capacity
dismissed
L-1A
Marketing And Business Development
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 Organization
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 or exec...
Executive Capacity Managerial Capacity
dismissed
L-1A
Property Management
The appeal was summarily dismissed because the petitioner failed to identify an erroneous conclusion of law or statement of fact in the dire...
Managerial Or Executive Capacity Summary Dismissal New Office Extension
dismissed
L-1A
Commercial Shipping
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 Qualifying Relationship Doing Business
dismissed
L-1A
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
Web Development
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
Hotel Management
The appeal was dismissed because the petitioner improperly filed for a second 'new office' petition after the beneficiary's initial one-year...
New Office Requirements Extension Of New Office Petition Doing Business For One Year Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Wholesale Retail
The motion was dismissed for failing to meet procedural requirements. The motion to reopen did not present any new facts that were previousl...
Managerial Or Executive Capacity Motion To Reopen Motion To Reconsider
dismissed
L-1A
Telecommunications
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
The appeal was dismissed because the petitioner failed to establish that it had secured sufficient physical premises to house its new office...
New Office Requirements Sufficient Physical Premises Qualifying Relationship Managerial Capacity
dismissed
L-1A
Retail Clothing
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
Apparel
The director denied the L-1A extension petition because the petitioner did not establish that the beneficiary would be employed in a primari...
Managerial Capacity Executive Capacity New Office Extension Requirements Staffing Levels Management Of An Essential Function
dismissed
L-1A
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 Staffing Levels
dismissed
L-1A
Automotive Products
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 Staffing Levels
dismissed
L-1A
Not Specified
The appeal was dismissed because the petitioner's counsel formally requested its withdrawal. The AAO did not rule on the merits of the case,...
dismissed
L-1A
Retail
The appeal was rejected because it was improperly filed by an individual who was not an authorized representative of the petitioner, such as...
Authorized Representation Improperly Filed Appeal Managerial Or Executive Capacity
dismissed
L-1A
Bakery And Grocery
The appeal was dismissed because the petitioner failed to establish a qualifying relationship between the U.S. entity and the foreign employ...
Qualifying Relationship Affiliate Ownership And Control
dismissed
L-1A
Unknown
The appeal, which was treated as a motion, was dismissed because the petitioner's counsel formally withdrew it. The AAO also noted in a foot...
Motion To Reopen/Reconsider Requirements Under 8 C.F.R. § 103.5(A)(4) Addressing The Motion To The Official Having Jurisdiction Per 8 C.F.R. § 103.5(A)(L)(Iii)(D) Stating New Facts For A Motion To Reopen Per 8 C.F.R. § 103.5(A)(2) Demonstrating An Error Of Law For A Motion To Reconsider Per 8 C.F.R. § 103.5(A)(3)
dismissed
L-1A
Software 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
Construction Equipment Import/Export
The appeal was rejected because it was not properly filed by the petitioner. The appeal was signed and filed by the beneficiary's attorney, ...
Standing To File Appeal Managerial Or Executive Capacity
dismissed
L-1A
Import/Export
The appeal was rejected on procedural grounds, which is functionally a dismissal. The petitioner attempted to appeal the AAO's own decision ...
Appellate Jurisdiction Motion To Reconsider Procedure
dismissed
L-1A
Dental Instruments
The appeal was rejected on procedural grounds because it was improperly filed by the beneficiary, not the petitioner. Under CIS regulations,...
Standing To Appeal Managerial Or Executive Capacity Qualifying Relationship
dismissed
L-1A
Food Service
The appeal was dismissed because the petitioner failed to demonstrate that the intended U.S. operation, a new office, would support an execu...
New Office Requirements Support Of Executive Or Managerial Position Franchise Agreement Viability Of U.S. Operation
dismissed
L-1A
Unknown
The appeal was dismissed because the petitioner's counsel requested that the appeal be withdrawn. The AAO dismissed the appeal based on this...
dismissed
L-1A
Cleaning Products
The appeal was summarily dismissed for procedural reasons. The petitioner failed to specifically identify an erroneous conclusion of law or ...
Qualifying Relationship One-Year Prior Employment Managerial/Executive Capacity
dismissed
L-1A
Travel And Tourism
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
dismissed
L-1A
Retail/Distribution
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 Staffing Levels
dismissed
L-1A
Restaurant And Retail
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a primarily executive capacity...
Executive Capacity New Office Extension Requirements
dismissed
L-1A
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 Extension Staffing
dismissed
L-1A
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 Doing Business For One Year Staffing Levels New Office Extension
dismissed
L-1A
Hazardous Materials Response
The appeal was dismissed because the petitioner failed to establish that the beneficiary's proposed U.S. position or his prior foreign posit...
Employment In A Primarily Managerial Capacity (U.S. Position) Employment In A Primarily Managerial Capacity (Foreign Position)
dismissed
L-1A
Food Production
The appeal was dismissed because the petitioner failed to demonstrate that the new U.S. office would support a managerial or executive posit...
New Office Requirements Support For Managerial/Executive Position Within One Year U.S. Investment Financial Ability Of Foreign Entity Petitioner'S Legal Status
dismissed
L-1A
Earth Products
The appeal was rejected because it was not filed in a timely manner. The petitioner's counsel filed the appeal 31 days after the director's ...
Timely Filing Of Appeal
dismissed
L-1A
Business Development
The motion to reopen was dismissed on procedural grounds. The petitioner submitted additional evidence attempting to establish a qualifying ...
Qualifying Relationship One-Year Prior Employment Managerial Or Executive Capacity Motion To Reopen Requirements
dismissed
L-1A
Import/Export
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or ...
Managerial Or Executive Capacity Appeal Requirements
dismissed
L-1A
International Trade
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or stat...
Qualifying Relationship One Year Of Prior Employment Managerial Or Executive Capacity Failure To Identify Error On Appeal
dismissed
L-1A
Pharmaceutical Sales
The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. The petitioner did not specifically iden...
Qualifying Relationship Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
dismissed
L-1A
Automotive Care
The appeal was rejected because it was improperly filed by the beneficiary, who is not a recognized party in the proceeding. According to re...
Improper Filing Of Appeal Beneficiary'S Standing To Appeal
dismissed
L-1A
Importing And Distribution
The appeal was dismissed because the petitioner failed to establish that the beneficiary will be employed in a primarily managerial or execu...
Managerial Or Executive Capacity New Office Requirements Doing Business
dismissed
L-1A
Trucking
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
Rental Maintenance
The appeal was dismissed because the petitioner failed to establish that the beneficiary was employed in a primarily managerial or executive...
Managerial Capacity (Abroad) Executive Capacity (Abroad) Job Duties Description Organizational Structure
dismissed
L-1A
Medical Equipment
The appeal was dismissed as moot. A review of USCIS records showed that the beneficiary had already adjusted status to that of a legal U.S. ...
Managerial Or Executive Capacity
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