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dismissed EB-3 RFE Issued

Interior Decoration Worker

Construction Business · 2022-12-13

Decision Date
2022-12-13
Location
New York City
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

1 of 3 criteria met
Labor Certification (Met)

The Petitioner obtained a DOL certification for the position of interior decoration worker.

Employer's Ability to Pay (Not Met)

Tax returns showed net income and net current assets well below the proffered wage of $35,901.

Experience Documentation (Not Met)

Letters from former employers were found to be unreliable and contained conflicting information regarding dates and titles.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner's net income (-$2,517 and $2,947) and net current assets ($2,332 and $5,279) were significantly below the proffered wage. The totality of circumstances under Matter of Sonegawa did not support a favorable finding. Furthermore, the Petitioner failed to provide reliable evidence of the Beneficiary's required two years of full-time experience.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence to substantiate the Beneficiary's prior work experience. The Petitioner provided letters that matched the labor certification verbatim and counsel's assertions, which were not considered evidence.

RFE Targets
Experience Documentation

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • Two years of experience in the job offered (interior decoration worker)

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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: 2022-12-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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