remanded EB-3
Manager
Gas Stations With Convenience Store · Pakistan · 2022-09-29
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 filed on April 19, 2017, and certified in December 2017.
Employer Ability to Pay (Not Met)
The Petitioner's 2017 tax return showed net income and net assets below the proffered wage of $56,389.
Experience Documentation (Not Met)
The record did not establish the required 24 months of experience due to inconsistencies in the Beneficiary's prior visa applications.
Why This Petition Was Remanded
The AAO withdrew the revocation because the NAICS code error did not materially change the job opportunity, which remained a retail management position. The case was remanded to evaluate the Beneficiary's qualifying experience and the Petitioner's ability to pay the $56,389 proffered wage. Specifically, the record showed insufficient net income and net assets in 2017 to cover the wage.
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- 24 months of qualifying experience
- Manage store activities
- Prepare work schedule of workers
- Personnel management
- Oversee inventory tracking and stocking
- Respond to customer inquiries and complaints
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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: 2022-09-29.
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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