remanded EB-3
Bookkeeper
Gas Station And Convenience Store Business · 2024-02-20
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
2 of 3 criteria metLabor Certification (Met)
The Petitioner obtained a certified labor application from the Department of Labor with a priority date of April 24, 2020.
Beneficiary Qualifications (Met)
The AAO found that the Beneficiary possessed the required 24 months of experience in bookkeeping or accounting.
Ability to Pay Proffered Wage (Not Met)
The Petitioner did not provide sufficient regulatory-required evidence to prove the ability to pay the $48,000 annual wage from the priority date.
Why This Petition Was Remanded
The Director's initial denial regarding the beneficiary's qualifications was withdrawn because the evidence supported the required 24 months of experience. However, the case was remanded because the Petitioner failed to provide regulatory-required evidence (8 C.F.R. § 204.5(g)(2)) to demonstrate the ability to pay the proffered wage from the 2020 priority date onward.
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- 24 months of experience in the offered position of bookkeeper or in accounting
- proficiency in typing and machines
- strong ability to work independently
- ability to create consistent bookkeeping policies
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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: 2024-02-20.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 2 / 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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