remanded EB-3
Donut Baker
Donut Shop · 2025-03-11
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
1 of 3 criteria metLabor Certification (Met)
The employer obtained an approved ETA Form 9089 from the Department of Labor.
Experience Documentation (Partially Met)
A certificate of employment was provided but lacks probative weight due to the relationship between the author and Beneficiary.
Job Qualifications (Not Met)
The Beneficiary's experience is questioned due to a familial relationship with the affiant of the experience letter.
Why This Petition Was Remanded
The AAO withdrew the Director's findings of willful misrepresentation and lack of a bona fide job opportunity because the Petitioner conducted required recruitment with no U.S. applicants. However, the case was remanded because the Petitioner's statements indicated the job might be temporary, and the Beneficiary's experience letter was signed by a relative, requiring further verification. Additionally, the Petitioner must corroborate the signature on the appeal form which appeared inconsistent with previous records.
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- High school diploma or foreign equivalent
- Five months of experience in the job offered
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-11.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 1 / 3
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
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