dismissed EB-3
Wigmaker
Beauty Supply Stores ยท 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 metEmployer'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
Similar Cases
Others
Hair and Beauty
USCIS EB-3 dismissed
2024-08-21
The initial appeal was dismissed because the Petitioner failed to demonstrate the Beneficiary's qualifying experience for the offered job. The subsequent motions to reopen and reconsider filed by the Petitioner's son were dismissed due to lack of standing. The Beneficiary's current motions to reopen and reconsider were dismissed because they exceeded the scope of the AAO's review, as they did not address the factual or legal correctness of the latest decision (which focused on the Petitioner's son's lack of standing).
Others
Fashion
USCIS EB-3 dismissed
2024-04-26
The motion was dismissed because the Petitioner did not provide the required list of all petitions filed during the relevant period, preventing a determination of the total combined proffered wages. The motion to reopen failed to state new facts, and the motion to reconsider did not demonstrate a misapplication of law or policy regarding the ability to pay.
Others
Tourism
USCIS EB-3 dismissed
California 2024-06-25
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.
Store Manager
Retail
USCIS EB-3 dismissed
2024-07-05
The motion to reopen was dismissed because it failed to state new facts and only contained previously submitted materials. The motion to reconsider was dismissed because it did not demonstrate a misapplication of law or policy in the prior decision. The Petitioner failed to meet EB-3 requirements regarding the ability to pay and the beneficiary's qualifications.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-01-17.
Browse all casesAt 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
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist