How common are remanded EB-3 petitions?

EB-3 petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the arranges tours of the I area for Japanese visitors industry affect EB-3 petition outcomes?

The arranges tours of the I area for Japanese visitors sector has unique considerations for EB-3 petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

remanded EB-3 RFE Issued

Travel Agent

Arranges Tours Of The I Area For Japanese Visitors · Japan · 2022-06-17

Decision Date

2022-06-17

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

1 of 1 criteria met

Labor Certification (Met)

The Petitioner submitted a labor certification with the immigrant visa petition as required.

Job Qualifications (Partially Met)

The Beneficiary met the degree requirements, but the permanent nature of the job offer remains under evaluation due to a three-year commitment agreement.

Why This Petition Was Remanded

The AAO withdrew the Director's finding regarding the lack of a bona fide job opportunity, noting that recruitment was performed and Japanese language skills were required. The case was remanded to determine if the job offer is permanent, as the record lacked evidence of the Beneficiary's interpretation of the three-year employment commitment agreement. The Director must now seek additional proof regarding the intended term of employment.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the bona fides of the job opportunity due to the CEO paying for the Beneficiary's education. The Petitioner provided recruitment results and details of an oral employment agreement.

RFE Targets

Labor CertificationJob Qualifications

Evidence

Skills Required

Associate degree
Ability to speak Japanese

Similar Cases

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USCIS EB-3 remanded

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The AAO withdrew the revocation, stating the Director erred by concluding a lack of a bona fide job opportunity solely because the Petitioner identified the Beneficiary before the labor certification recruitment. DOL regulations do not prohibit seeking a specific person or creating a new position, provided the labor market is properly tested. The case was remanded for the Director to consider if recruitment efforts were otherwise proper.

Store Manager

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The appeal was dismissed because the Petitioner did not provide sufficient independent, objective evidence to corroborate the Beneficiary's claimed full-time work experience in Pakistan, which was necessary to meet the 24 months of required experience. The Beneficiary's prior U.S. visitor visa application, where he stated no previous employment, created an inconsistency that required more than just employer letters to resolve.

Others

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USCIS EB-3 dismissed

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The motion to reopen was dismissed because it did not state new facts, providing only tax returns and articles already present in the record. The motion to reconsider was dismissed because it failed to address the grounds of the prior decision and instead re-argued merits regarding the ability to pay and the materiality of the concealed sibling relationship.

Bookkeeper

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USCIS EB-3 rfe remanded

2024-07-05

The AAO withdrew the Director's decision because it failed to address the Petitioner's response to the Notice of Intent to Deny (NOID). The matter was remanded to evaluate the totality of circumstances regarding the bona fide job offer and to resolve whether the Beneficiary meets the minimum experience requirements.

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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-06-17.

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At a Glance

Outcome remanded

RFE Issued

Criteria Met 1 / 1

EB-3 Case Data

Scraped Case Data

Total Cases 108

Success Rate 9.3%

Sustained 10

Dismissed 63

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