dismissed EB-3

Wigmaker

Beauty Supply Stores ยท 2024-01-17

Decision Date
2024-01-17
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

0 of 1 criteria met
Employer's Ability to Pay (Not Met)

The Petitioner did not demonstrate the required ability to pay the offered job's proffered wage.

Beneficiary's Experience (Not Met)

The Petitioner failed to demonstrate the Beneficiary's possession of the minimum experience required for the job.

Why This Petition Was Denied

The motions were dismissed because the Petitioner's son is not an 'affected party' with legal standing, as a sole proprietorship ceases to exist upon the death of the owner. Furthermore, the Beneficiary did not properly request to port the visa under INA Section 204(j) by failing to file Form I-485 Supplement J at the correct USCIS address.

Evidence

Skills Required
  • at least two years of training or experience

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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: 2024-01-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 1

EB-3 Case Data

Scraped Case Data

Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64

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