remanded EB-3
Food Service Worker
Food Service · South Korea · 2022-08-03
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
1 of 3 criteria metLabor Certification (Met)
The labor certification was reinstated after the AAO withdrew the Director's finding of willful misrepresentation.
Employer Ability to Pay (Partially Met)
While 2015 financial statements showed ability to pay, the Petitioner's terminated franchise tax status in Texas requires further verification on remand.
Why This Petition Was Remanded
The AAO withdrew the findings of willful misrepresentation and lack of a bona fide job offer because the Petitioner provided sufficient explanations for recruitment and signing discrepancies. The case was remanded to determine the Petitioner's current business status and continuing ability to pay the proffered wage, especially given its terminated franchise tax status in Texas. The Petitioner must also demonstrate the ability to pay multiple beneficiaries from other filed petitions.
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- less than two years of training or experience
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The Administrative Appeals Office (AAO) found insufficient evidence to support the Director's finding of willful misrepresentation regarding payment for the labor certification. Additionally, the Director failed to provide specific reasons for concluding that the company lacked the required intent to employ the Beneficiary in the offered job on a permanent basis, violating 8 C.F.R. § 205.2(c).
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The AAO withdrew the Director's finding regarding the lack of full-time intent, noting that a preponderance of evidence supported the petitioner's claim. However, the case was remanded because the petitioner did not provide required financial documentation (tax returns or audited statements) to prove the ability to pay the proffered wage for this and over 300 other filed petitions beyond the 2016 priority year.
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Food and Beverage
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The AAO withdrew the Director's original grounds for denial regarding the bona fide nature of the job offer. However, the case was remanded because the Petitioner had not submitted the regulatory required evidence to demonstrate its continuing ability to pay the combined proffered wages for the Beneficiary and other filed I-140 petitions.
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Food and Beverage · Saudi Arabia
USCIS EB-3 rfe dismissed
2024-10-02
The appeal was dismissed because the Petitioner did not provide independent, objective evidence to resolve inconsistencies regarding the Beneficiary's claimed employment experience. The experience certificates lacked signatory identification, and the Beneficiary's prior visa applications contradicted her employment claims. Furthermore, the Beneficiary's misrepresentations about her employment history were deemed willful and material, directly impacting her eligibility for the EB-3 unskilled worker classification requiring 12 months of experience.
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: 2022-08-03.
Browse all casesAt a Glance
Outcome remanded
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
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