dismissed EB-3 RFE Issued

Marketing Specialist

Costume Jewelry Importer · South Korea · 2024-07-08

Decision Date
2024-07-08
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
Employer Ability to Pay (Partially Met)

The AAO reserved consideration of this issue as the lack of qualifying experience was already dispositive for dismissal.

Experience Documentation (Not Met)

The Petitioner failed to provide letters from former employers that corroborated the required four years of specific industry experience and job duties.

Why This Petition Was Denied

The Petitioner did not establish the Beneficiary's qualifying experience of four years in consumer marketing and sales in the fashion jewelry industry by the priority date of March 24, 2016. Business registration documents provided did not corroborate job duties or specific employment dates, and inconsistencies in the Beneficiary's work history remained unresolved.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOIR requested clarification on inconsistent employment dates and proof of the ability to pay the proffered wage. The petitioner submitted business registrations which did not confirm duties or specific dates.

RFE Targets
Experience DocumentationEmployer Ability to Pay

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • at least four years' experience in consumer marketing and sales in the fashion jewelry industry
  • experience with market data segmentation and analysis

Similar Cases

Others

Jewelry · Pakistan

USCIS EB-3 dismissed
2022-11-16
The appeal was dismissed because the Petitioner failed to resolve inconsistencies regarding the Beneficiary's work history with independent objective evidence. Consequently, the Petitioner did not establish that the Beneficiary possessed the required 24 months of experience as a jewelry repairer. While findings of willful misrepresentation and the invalidation of the labor certification were withdrawn, the lack of proven qualifications warranted the denial.

Others

Jewelry

USCIS EB-3 dismissed
2024-07-08
The motion to reopen was dismissed because the Petitioner failed to state new facts or provide new documentary evidence, merely resubmitting existing records. The motion to reconsider was dismissed because the Petitioner did not identify any specific error of law or policy in the prior appellate decision.

Brand Manager

Marketing and Advertising

USCIS EB-3 remanded
2022-07-19
The matter was remanded because the record lacked the mandatory financial documentation (tax returns or audited statements) for 2019 onwards to verify the ability to pay. The Director must also evaluate the Petitioner's ability to pay the combined proffered wages for all beneficiaries of its pending or approved I-140 petitions. The Petitioner is allowed the opportunity to submit updated financial records and evidence regarding the totality of its circumstances.

Buyer

Wholesale Trade · South Korea

USCIS EB-3 remanded
2022-07-28
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.

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: 2024-07-08.

Browse all cases

At 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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist