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remanded EB-3 RFE Issued

Bookkeeper

Convenience Store · 2024-07-05

Decision Date
2024-07-05
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
Bona Fide Job Opportunity (Partially Met)

USCIS questioned if the job was clearly open to U.S. workers due to a personal relationship between the owner and the Beneficiary's uncle.

Experience Documentation (Not Met)

The Director initially found the Petitioner failed to establish the Beneficiary had the required two years of work experience.

Why This Petition Was Remanded

The AAO withdrew the Director's decision because it failed to address the Petitioner's response to the Notice of Intent to Deny (NOID). The matter was remanded to evaluate the totality of circumstances regarding the bona fide job offer and to resolve whether the Beneficiary meets the minimum experience requirements.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOID requested evidence to prove a bona fide job opportunity existed despite personal ties and sought to clarify the Beneficiary's qualifications. The Petitioner provided a response which the Director ignored in the subsequent denial.

RFE Targets
Experience DocumentationBona Fide Job Opportunity

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • at least two years of training or experience

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Frequently Asked Questions

A remanded EB-3 petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-05.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 1
Evidence Types 1

EB-3 Case Data

Scraped Case Data

Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64

Related Pages

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

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