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dismissed EB-3 RFE Issued

Custom Tailor

Dry Cleaning Business · South Korea · 2024-07-02

Decision Date
2024-07-02
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 met
Labor Certification (Met)

The Petitioner obtained a certified Form ETA 9089 from the Department of Labor for the position of custom tailor.

Job Qualifications (Not Met)

The Beneficiary failed to prove two years of experience in the specific duties of 'made-to-measure' clothing as required by the labor certification.

Employer Ability to Pay (Not Met)

Unresolved inconsistencies between state and federal tax documents and the timing of the Beneficiary's employment prevented a finding of ability to pay.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate a bona fide intent to employ the Beneficiary in the offered position. The record did not establish that the Beneficiary met the minimum requirement of two years of experience in the job offered by the priority date. Furthermore, the Petitioner did not sufficiently prove its ability to pay the proffered wage due to unresolved discrepancies in financial and payroll documentation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOIR challenged the Petitioner's intent to employ, the Beneficiary's experience, and the ability to pay the proffered wage. The Petitioner provided explanations regarding COVID-19 and payroll discrepancies, but these were deemed insufficient to overcome the grounds for revocation.

RFE Targets
Job QualificationsEmployer Ability to Pay

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • two years of experience in the job offered
  • alterations and adjustments
  • redesign and resize clothing
  • make made-to-measure clothing

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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

More dismissed cases More Cleaning Services cases More cases from South Korea

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-3 Case Data

Scraped Case Data

Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63

Related Pages

EB-3 Overview EB-3 in South Korea All EB-3 Cases EB-3 Dashboard

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