dismissed EB-3
Accountant
Financial Accounting Services · 2025-01-31
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.
Why This Petition Was Denied
The motion to reopen was dismissed for not stating new facts supported by documentary evidence, as required by 8 C.F.R. § 103.5(a)(2). The motion to reconsider was dismissed because it did not establish that the prior decision misapplied law or USCIS policy, as per 8 C.F.R. § 103.5(a)(3). USCIS affirmed that service of the NOIR to the last known address was compliant with regulations (8 C.F.R. § 103.8(a)(1) and § 103.8(b)) and rejected the Petitioner's claim of constitutional property rights in the I-140 petition, citing federal court precedents such as Musunuru v. Lynch. The beneficiary's portability claim was denied because the I-140 petition had already been revoked, consistent with Herrera v. U.S. Citizenship & Immigr. Servs. Finally, Mullane v. Central Hanover Bank & Trust Co. was found inapplicable as the Petitioner lacked a constitutionally protected due process interest in the petition, and USCIS's revocation procedures satisfy due process requirements, as established in Karpeeva v. U.S. Dep't of Homeland Sec.
Evidence
Evidence Types
Documentary Evidence
Skills Required
- bachelor's degree
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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: 2025-01-31.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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