dismissed EB-3
IT Project Manager
E-Commerce Business Specializing In Musical Instruments And Supplies · 2024-09-03
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 criteria metJob Qualifications (Not Met)
The Beneficiary did not meet the stated minimum experience requirement of 24 months in the job offered, as her intern position was not substantially comparable and the labor certification did not allow for alternate occupations.
Labor Certification Terms (Not Met)
The original labor certification explicitly indicated that experience in an alternate occupation was not acceptable to fulfill the minimum experience requirement.
Why This Petition Was Denied
The motion to reopen was dismissed because the Petitioner failed to present new facts or evidence demonstrating that the Administrative Appeals Office (AAO) erred in its prior decision. The new version of the DOL ETA-9089 (2023) was deemed irrelevant as eligibility is assessed at the time of filing (July 2022), and the original certification explicitly disallowed alternate occupations. The Petitioner's resubmitted letter, which acknowledged the intern position was not substantially comparable, did not constitute new evidence as it was already submitted and considered.
Evidence
Evidence Types
Other Documentary Evidence
Correspondence With Uscis
Skills Required
- baccalaureate degree
- 24 months of experience in the job offered
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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: 2024-09-03.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 /
Evidence Types 2
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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