AAO Decision Library

AAO Decision Library

AAO Decisions Library--Adopted AAO Administrative Appeals Office Decisions, Selected Non-Precedent Decisions by Date, RFEs, NOIDs, E2, EB1/2, EB5, L1 categoriesThe AAO Decision Library contains AAO (Administrative Appeals Office) decisions that have been rendered on applications in the E1, E2, EB1, EB2, EB3, EB5, L-1A, L-1B, and H-1B categories.  They will be in either the non-precedent or precedent categories and the difference between the two is described below.

AAO Decision Library Resources

EB5 Decision Huashan Zhang v. United States Citizenship and Immigration Services, No. 19-5021 (D.C. Cir. 2020)

We have added this US District Court decision to our AAO Decision Library because of its significance to the EB5 immigrant investor program:

Opinion for the Court filed by Circuit Judge KATSAS.
KATSAS, Circuit Judge: Certain visas are available to prospective immigrants who invest capital in the United States. A longstanding regulation, promulgated in 1991, defines the required capital to include cash or indebtedness secured by the immigrant’s assets. This appeal presents the question whether, under the regulation, the proceeds of a loan qualify as cash or indebtedness. We hold that loan proceeds qualify as cash, and we therefore affirm a decision affording relief to a class of foreign investors denied visas under a contrary interpretation adopted and announced by the government in 2015.

Download the EB5 Decision full text here

Non-Precedent Decisions

The Administrative Appeals Office generally issues non-precedent decisions that apply existing law and policy to the facts of an individual case. Non-precedent decisions are binding on the parties involved in the case, but do not create or modify USCIS policy or practice. The Administrative Appeals Office does not announce new interpretations of law or establish agency policy through non-precedent decisions. As a result, non-precedent decisions do not provide a basis for applying new or alternative interpretations of law or policy.

Precedent Decisions

The Secretary of DHS may, with the Attorney General’s approval, designate AAO decisions to serve as precedents in all future proceedings involving the same issue(s). These precedent decisions, except as modified or overruled by later precedent decisions or statutory or regulatory changes, are binding on all DHS employees. precedent decisions may announce a new legal interpretation or agency policy, or may reinforce an existing law or policy by demonstrating how it applies to a unique set of facts.

Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) - EB2 NIW Eligibility
AAO has significantly revised the framework for evaluating National Interest Waiver (NIW)-based immigrant visa petitions...Read More

Adopted AAO Decisions

U.S. Citizenship and Immigration Services (USCIS) occasionally “adopts” an Administrative Appeals Office non-precedent decision to provide policy guidance for USCIS personnel.  An adopted AAO decision is identified by a unique citation format as well as by a USCIS cover memorandum announcing its designation as an adopted decision.

On May 5, 2020, the AAO issued an adopted decision in the matter of MATTER OF F-M- CO., PM-602-0177.   This decision clarifies that for first preference multinational executives or managers, a petitioner must have a qualifying relationship with the beneficiary’s foreign employer at the time the petition is filed and must maintain that relationship until the petition is adjudicated. Matter of F-M- Co. also clarifies that in the event a corporate restructuring affecting the foreign entity occurs prior to the filing of the petition, a petitioner may establish that the beneficiary’s qualifying foreign employer continues to exist and do business through a valid successor entity.  Download the full text here.

Selected Non-Precedent Decisions by Visa Category

E Visas

[PDF] Jan 21 2021 - Petition for a Nonimmigrant Treaty Investor (E-2)

[PDF] Nov 23 2020 - E2 Immigrant Petition for Alien Worker (Professionals and Other Workers)

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EB2 NIW Visas

[PDF] Sep 03 2021 - Immigrant Petition for Alien Worker (EB2 Advanced Degree, Exceptional Ability, National Interest Waiver)

[PDF] Aug 12 2021 - Immigrant Petition for Alien Worker (EB2 Advanced Degree, Exceptional Ability, National Interest Waiver)

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L1 Visas

[PDF] February 26, 2020 - L1A Petition for L-lA Manager or Executive 

[PDF] February 13, 2020 - L1B Petition for L-lB Specialized Knowledge Worker 

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EB5 Visas

[PDF] Oct 02 2020 - Immigrant Petition by Alien Entrepreneur

[PDF] MAY 18 2020 - Immigrant Petition by Alien Entrepreneur

See More Here

Matter of 1-A-N-T-D-, Inc., ID# 4409376 (AAO July 18, 2019) - L-1A
Matter of D-P-, Inc., ID# 5122351 (AAO July 29, 2019) - L-1A
Matter of R-, Inc., ID# 3816080 (AAO June 27, 2019) - L-1A
Matter of Y-R-E- Corp. (US), ID# 4028569 (AAO June 25, 2019) - L-1A
Matter of CCHP- Inc., ID# 3752241 (AAO June 14, 2019) - L-1A
Matter of N-C-C-, Inc., ID# 3730029 (AAO June 19, 2019) - L-1A
Matter of M-, LLC, ID# 2338819 (AAO June 13, 2019) - L-1A
Matter of S-S-1-G-LLC, ID# 3438903 (AAO May 31, 2019) - L-1A
Matter of E-CQ Inc. ID# 4269828 (AAO July 23, 2019) - L-1B
Matter of IT-S- USA, Inc., ID# 3592091 (AAO June 13, 2019) - L-1B

Matter of A-E-(N-A-), Inc., ID# 3626921 (AAO June 13, 2019) - EB1
Matter of S-, LLC, ID# 2249566 (AAO June 6, 2019) - EB1
Matter of B-F-H-Inc, ID# 4594300 (AAO July 12, 2019) - EB1
Matter of C-M-O-F-, Inc., ID# 4380004 (AAO July 11, 2019) - EB1
Matter of A-L-LLC, ID# 4698756 (AAO June 13, 2019) - EB2
Matter of G-C-, LLC, ID# 4 719708 (AAO July 2, 2019) - EB2
Matter of W-G-B-LLC, ID# 4929110 (AAO July 5, 2019) - EB3
Matter of O-E-Ltd., ID# 4703745 (AAO July 2, 2019) - EB3
Matter of R-F-, ID# 2289983 (AAO Mar. 19, 2019) - EB5

2016 to 2018
Matter of H-C- Corp., ID# 1200225 (AAO June 19, 2018)
Matter of P- W-, LLC, ID# II 06606 (AAO May 15, 2018)
Matter of S- Inc. (PDF, 119 KB), Decision 2018-02 (AAO Mar. 23, 2018)
Matter of S-P-, Inc. (PDF, 112 KB), Decision 2018-01 (AAO Mar. 19, 2018)
Matter of V-S-G- Inc. (PDF, 179 KB), Decision 2017-06 (AAO Nov. 11, 2017)
Matter of G- Inc.  (PDF, 126 KB), Decision 2017-05 (AAO Nov. 8, 2017)
Matter of A-T- Inc. (PDF, 111 KB), Decision 2017-04 (AAO May 23, 2017)
Matter of O-A- Inc. (PDF, 95 KB), Decision 2017-03 (AAO Apr. 17, 2017)
Matter of I- Corp. (PDF, 114 KB), Decision 2017-02 (AAO Apr. 12, 2017)
Matter of T-O-S-U-  (PDF, 108 KB), Decision 2017-01 (AAO Jan. 4, 2017)
Matter of R-C-C-S-D- (PDF, 352 KB), Decision 2016-04 (AAO Oct. 24, 2016)
Matter of L-S-M- (PDF, 117 KB), Decision 2016-03 (AAO Feb. 23, 2016)
Matter of Z-A- Inc. (PDF, 158 KB), Decision 2016-02 (AAO Apr. 14, 2016)
Matter of H-V-P- (PDF, 133 KB), Decision 2016-01 (AAO Feb. 9, 2016)

AAO Resources
I-290B, Notice of Appeal or Motion
Questions and Answers: Appeals and Motions
Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker
AAO Processing Requests
AAO Processing Times
AAO Decision Data Statistics


Immigration attorneys. We have a special relationship with all the attorneys with whom we work. We offer priority service and special pricing. We provide services for E1, E2, EB2-NIW, L1, EB5, economic analysis, and RFE/NOID responses. Contact us to find out what we can do for you.