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dismissed EB-3 RFE Issued

Morning Store Manager

Convenience Store/Gas Station · Pakistan · 2024-09-18

Decision Date
2024-09-18
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
Beneficiary meets the requirements of a DOL-certified position and a requested immigrant visa category (Not Met)

The Beneficiary's claimed full-time experience in Pakistan could not be sufficiently verified with independent, objective evidence to resolve inconsistencies with his prior visa application, thus failing to meet the 24 months of required experience.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not provide sufficient independent, objective evidence to corroborate the Beneficiary's claimed full-time work experience in Pakistan, which was necessary to meet the 24 months of required experience. The Beneficiary's prior U.S. visitor visa application, where he stated no previous employment, created an inconsistency that required more than just employer letters to resolve.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE (NOID) questioned the Beneficiary's claimed qualifying experience due to a contradiction in his U.S. visitor's visa application where he stated no prior employment. The petitioner responded with additional letters, affidavits, Pakistani tax records, and a social media site, along with the Beneficiary's explanation for the omission.

RFE Targets
Beneficiary meets the requirements of a DOL-certified position and a requested immigrant visa category

Evidence

Evidence Types
Reference Letters Dependent
Payroll Records
Government Alignment
Skills Required
  • 24 months' experience in the job offered or as an assistant manager or a related occupation

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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: 2024-09-18.

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At a Glance

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

EB-3 Case Data

Scraped Case Data

Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63

Related Pages

EB-3 Overview EB-3 in Pakistan All EB-3 Cases EB-3 Dashboard

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