dismissed EB-3 RFE Issued
Financial Analyst
Commercial Real Estate Business · 2024-05-14
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 metExperience Documentation (Not Met)
The letters provided to document experience were found to lack credibility because they used identical language and contradicted the Beneficiary's prior visa applications.
Job Qualifications (Not Met)
The Beneficiary's prior experience was in the wholesale tools industry and did not include the specific real estate forecasting and analysis duties required by the labor certification.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary possessed the 36 months of experience in the job offered as required by the labor certification. The record did not resolve discrepancies regarding the Beneficiary's employment history, and the prior experience cited was not in the specific real estate field required by the job duties. Consequently, the Beneficiary did not meet the minimum qualifications for the skilled worker classification.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE addressed the lack of qualifying experience and discrepancies in the Beneficiary's employment history; the response was insufficient as the provided letters lacked probative value.
RFE Targets
Experience DocumentationJob Qualifications
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- 36 months of experience in the job offered
- Analyze financial info to produce forecasts of real estate development opportunities
- Interpret data affecting the sale of various types of residential developments (price, yield, stability)
- Monitor financial developments
- Determine costs of operations by establishing standard costs
- Prepare monthly analysis, reports and cash flow projections
- Production of investment memorandums for potential investors
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The Petitioner failed to demonstrate that the Beneficiary met the minimum requirements of 12 months of training and 12 months of experience specified in the labor certification. Regulatory requirements for employer letters were not met, and experience gained with the sponsoring employer cannot be used to qualify for the position under 20 C.F.R. § 656.17(i)(3).
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The AAO withdrew the revocation, stating the Director erred by concluding a lack of a bona fide job opportunity solely because the Petitioner identified the Beneficiary before the labor certification recruitment. DOL regulations do not prohibit seeking a specific person or creating a new position, provided the labor market is properly tested. The case was remanded for the Director to consider if recruitment efforts were otherwise proper.
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-14.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 1
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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