dismissed EB-3 RFE Issued
Finish Carpenter
Designer And Installer Of Security Systems ยท 2025-03-19
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 metAbility to Pay Proffered Wage (Not Met)
The petitioner showed negative net income and net current assets in 2022, failing to cover the difference between the $30,000 paid and the $71,802 annual proffered wage.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner could not prove the ability to pay the proffered wage from the priority date of December 12, 2022. The Petitioner's 2022 net income (-$96,398) and net current assets (-$37,766) were insufficient to cover the $41,802 difference between the wages paid and the proffered wage.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director requested evidence of the ability to pay; the petitioner provided tax returns and argued for a prorated wage calculation for the priority year.
RFE Targets
Ability to Pay Proffered Wage
Evidence
Skills Required
- finish carpenter
- less than two years of training or experience
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Others
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The Director denied the petition due to the Petitioner's failure to demonstrate its ability to pay the proffered wage. The AAO sustained the appeal, determining that the Petitioner met the regulatory requirements by paying the Beneficiary $92,400 in 2022, which exceeded the $85,842 annual proffered wage, and by submitting its 2022 federal income tax return as required evidence.
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USCIS EB-3 remanded
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The Director denied the petition because the Petitioner's 2022 financial statements showed negative net income and net current assets, failing to cover the $146,682 proffered wage. The AAO remanded the case because the Director did not consider other factors like the company's prior profitability and uncharacteristic acquisition liabilities, nor did the Director assess the Petitioner's ability to pay the combined wages for multiple pending or approved petitions.
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USCIS EB-3 dismissed
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-19.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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