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dismissed EB-3 RFE Issued

Sewing Machine Operator

Clothing Manufacturer ยท 2023-05-24

Decision Date
2023-05-24
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 3 criteria met
Ability to Pay Proffered Wage (Not Met)

The Director concluded the Petitioner did not establish its ability to pay the proffered wage from the priority date.

Beneficiary Qualifications (Not Met)

The record did not establish that the Beneficiary possessed the required experience for the offered position as set forth on the labor certification.

Experience Documentation (Not Met)

The Director found that the Petitioner and Beneficiary willfully misrepresented material facts regarding the Beneficiary's claimed employment experience.

Why This Petition Was Denied

The motion was dismissed because the Petitioner failed to provide legal documentation, such as a merger or purchase agreement, to establish a successor-in-interest relationship. Furthermore, the Petitioner did not address the underlying grounds of denial regarding the beneficiary's qualifications and the willful misrepresentation of material facts.

Request for Evidence (RFE)

Unsuccessfully Addressed

The AAO issued a notice of intent to reject regarding the successor-in-interest relationship; the Petitioner provided an affidavit which failed to substantiate a legal transfer of assets.

RFE Targets
Ability to Pay Proffered WageExperience Documentation

Evidence

Evidence Types
Reference Letters Dependent
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: 2023-05-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-3 Case Data

Scraped Case Data

Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63

Related Pages

EB-3 Overview All EB-3 Cases EB-3 Dashboard

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