remanded EB-3 RFE Issued
Architectural Designer
Architectural Planning Firm ยท 2024-07-01
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Framework Evaluation
0 of 1 criteria metAbility to Pay (Not Met)
The petitioner's net income and net current assets for 2022 were below the proffered wage of $56,930.
Why This Petition Was Remanded
The case was remanded because the Director did not advise the Petitioner on the types of evidence considered for a totality of the circumstances analysis under Matter of Sonegawa. Potential positive factors, such as the sole shareholder's $120,000 officer compensation and $98,601 in loan repayments, require further evaluation to determine if they could cover the wage shortfall. The Director must now allow the Petitioner to submit additional financial evidence for 2022, 2023, and 2024.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence to demonstrate the petitioner's ability to pay the proffered wage from the priority date onward. The petitioner provided tax returns and explanations that were deemed insufficient or contradictory by the Director.
RFE Targets
Ability to Pay
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- baccalaureate degree
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Frequently Asked Questions
A remanded EB-3 petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-01.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Criteria Met 0 / 1
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
Related Pages
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