dismissed EB-3
Alteration Tailor
Garment Manufacturer · 2024-04-26
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 petition was accompanied by an approved labor certification with a priority date of December 10, 2002.
Employer's Ability to Pay (Not Met)
The Petitioner failed to establish the ability to pay the combined proffered wages for all applicable petitions filed during the relevant period.
Why This Petition Was Denied
The motion was dismissed because the Petitioner did not provide the required list of all petitions filed during the relevant period, preventing a determination of the total combined proffered wages. The motion to reopen failed to state new facts, and the motion to reconsider did not demonstrate a misapplication of law or policy regarding the ability to pay.
Evidence
Skills Required
- at least two years of training or education
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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: 2024-04-26.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 3
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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