dismissed EB-3
Caregiver
Assisted Living Facility ยท 2025-02-21
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 criteria metEmployer's Ability to Pay Proffered Wage (Not Met)
The Petitioner failed to demonstrate its ability to pay the proffered wage of $26,936 annually, as evidenced by negative net income and net current assets in 2022 and 2023, and insufficient documentation for future financial prospects. The loan obtained by the owners was not adequately explained for its allocation to the Petitioner or its coverage of the entire period, and owners' personal finances could not be considered.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner did not demonstrate its ability to pay the proffered annual wage of $26,936 for 2022 and 2023. Financial records showed negative net income and net current assets. Arguments about temporary losses for long-term gain and a secured loan were not adequately documented or did not cover the entire period, and the personal finances of the owners could not be considered for the LLC.
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Others
Healthcare
USCIS EB-3 rfe remanded
Virginia 2024-09-13
The AAO withdrew the Director's decision because the Petitioner's owner's Schedule C effectively served as the company's federal income tax return, fulfilling the regulatory evidence requirement for ability to pay. However, the case was remanded because the Petitioner failed to demonstrate continuous access to CD funds, did not provide details for combined wage requirements for multiple I-140 petitions, and its 'pending inactive' business status raised doubts about its intent to employ the beneficiary.
Childcare Worker
Real Estate
USCIS EB-3 rfe dismissed
2025-02-21
The appeal was dismissed because the Petitioner, a single-member LLC, failed to demonstrate its continuing ability to pay the proffered wage. USCIS determined that only the LLC's finances could be considered, not the owner's personal finances, despite the LLC being a 'disregarded entity' for tax purposes. The LLC's net income was negative in 2022 and 2023, and other factors did not sufficiently establish its ability to pay.
General Manager
Others
USCIS EB-3 dismissed
2025-03-17
The Petitioner's net income and net current assets were significantly below the proffered wage in the priority year. Under the Sonegawa totality of circumstances analysis, the Petitioner did not demonstrate a long-standing business reputation, significant growth, or uncharacteristic losses that would offset the financial shortfall. Furthermore, the submitted 2024 profit and loss statement did not meet regulatory requirements for audited financial statements because the auditor could not be identified.
Others
Non-Profit
USCIS EB-3 dismissed
2025-03-14
The appeal was dismissed because the Petitioner provided only a generalized statement regarding its ability to pay without filing a supporting brief or specifying legal or factual errors. Under Matter of Valencia, such overly broad claims are insufficient to overturn a Director's decision.
Frequently Asked Questions
A dismissed EB-3 petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-21.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 /
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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