dismissed EB-3 RFE Issued
Web Developer
E-Commerce Site Designer And Provider Of Digital Marketing Services · Russia · 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
0 of 1 criteria metIntent to Employ / Bona Fide Job Offer (Not Met)
The Petitioner sold the division employing the Beneficiary prior to filing the petition, failing to prove a continuing intent to employ him.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish a bona fide intent to employ the Beneficiary at the time the Form I-140 was filed in May 2018, following the sale of the relevant business division in 2017. The record indicated the Petitioner no longer needed web development services and lacked the ability to employ the Beneficiary in the certified role. Legal precedent confirms that portability under section 204(j) does not prevent revocation if the underlying petition was never valid.
Request for Evidence (RFE)
Unsuccessfully AddressedThe NOIR requested evidence of the Petitioner's intent to employ the Beneficiary at the time of filing despite the sale of the business division. Only the Beneficiary responded to the notice.
RFE Targets
Intent to Employ / Bona Fide Job Offer
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- at least three years' experience in the job
Similar Cases
Web Developer
Information Technology
USCIS EB-3 rfe remanded
2024-11-07
The motion to reconsider was granted regarding the Petitioner's intent to employ the Beneficiary permanently, as the evidence, including a letter stating 'full-time, permanent basis for the foreseeable future,' was deemed sufficient. However, the case was remanded because the Petitioner failed to provide sufficient evidence of its ability to pay the proffered wage of $93,600 annually for 2017 and 2018, as required by regulation.
Retail Sales Associate
Retail
USCIS EB-3 rfe dismissed
1688 days 2024-09-20
The appeal was dismissed because the Petitioner's business ceased operations in 2019, rendering the job offer not bona fide at the time the I-140 petition was filed in February 2020. The Petitioner also made material misrepresentations on the I-140 form regarding the full-time and permanent nature of the position. The argument for job portability was rejected as the underlying petition was not valid to begin with.
Bookkeeper
Retail
USCIS EB-3 rfe remanded
2024-07-05
The AAO withdrew the Director's decision because it failed to address the Petitioner's response to the Notice of Intent to Deny (NOID). The matter was remanded to evaluate the totality of circumstances regarding the bona fide job offer and to resolve whether the Beneficiary meets the minimum experience requirements.
Director
Information Technology
USCIS EB-3 rfe dismissed
2023-01-03
The appeal was dismissed because the Petitioner did not prove the labor certification remained valid for the materially changed job opportunity. The transition from a technical role to a senior director role involved different duties and a significantly higher salary than what was advertised during the labor market test. Consequently, the Petitioner failed to meet the burden of showing the offered position was the same or similar to the certified one.
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: 2024-07-02.
Browse all casesAt 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
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist