remanded EB-3 RFE Issued
Audiovisual Producer And Director
Audiovisual Producer And Director · 2025-03-20
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.
Why This Petition Was Remanded
The Director's decision was withdrawn because it lacked a sufficient discussion of the evidence and relied on templated language from the RFE. The matter was remanded to allow for a proper evaluation of whether the Petitioner meets at least three of the ten evidentiary criteria and, if so, a final merits determination.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested further evidence for five criteria; the Petitioner responded with evidence for published materials, judging, exhibitions, leading roles, and commercial success.
RFE Targets
experience documentation
Evidence
Evidence Types
Media Coverage
Judging Experience
Commercial Success
Skills Required
- audiovisual production
- directing
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The motion to reopen was dismissed because it did not state new facts, as required by 8 C.F.R. § 103.5(a)(2), by submitting evidence already in the record. The motion to reconsider was dismissed because it failed to demonstrate a misapplication of law or policy and contained arguments previously rejected, consistent with Matter of O-S-G-.
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The motion to reconsider was granted regarding the Petitioner's intent to employ the Beneficiary permanently, as the evidence, including a letter stating 'full-time, permanent basis for the foreseeable future,' was deemed sufficient. However, the case was remanded because the Petitioner failed to provide sufficient evidence of its ability to pay the proffered wage of $93,600 annually for 2017 and 2018, as required by regulation.
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: 2025-03-20.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Evidence Types 3
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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