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dismissed EB-3 RFE Issued

Convenience Store Sales Associate

Convenience Store · 2024-09-20

Processing Time
1688 days
Decision Date
2024-09-20
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
Labor Certification (Met)

The labor certification was approved by the DOL, certifying insufficient U.S. workers and no adverse effect on domestic wages/conditions.

Job Qualifications (Not Met)

The job offer was not considered bona fide because the Petitioner ceased business operations before the I-140 petition was filed, indicating no realistic job opportunity existed.

Employer Ability to Pay (Not Met)

The Petitioner's business was inactive at the time of petition filing, implying it could not realistically pay the proffered wage or offer permanent employment.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner's business ceased operations in 2019, rendering the job offer not bona fide at the time the I-140 petition was filed in February 2020. The Petitioner also made material misrepresentations on the I-140 form regarding the full-time and permanent nature of the position. The argument for job portability was rejected as the underlying petition was not valid to begin with.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOIR requested evidence that the Petitioner continued to operate its business and intended to employ the Beneficiary, and that the job offer was bona fide. The Petitioner responded by stating it had sold its business and was inactive, but believed the Beneficiary could use job portability.

RFE Targets
Job QualificationsEmployer Ability to Pay

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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: 2024-09-20.

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At a Glance

Outcome dismissed
Processing 1688 days
RFE Issued
Criteria Met 0 / 3

EB-3 Case Data

Scraped Case Data

Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64

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