dismissed EB-3 RFE Issued
Manager
Gasoline Station · Pakistan · 2022-08-30
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
0 of 3 criteria metEducation Credentials (Not Met)
The education information provided on the labor certification was false, as the Beneficiary did not attend the listed U.S. high school.
Employer Ability to Pay (Not Met)
The Petitioner failed to provide tax returns or audited financial statements for years after 2019 to prove continuing ability to pay.
Why This Petition Was Denied
The appeal was dismissed because the facts stated in the petition regarding the Beneficiary's education were found to be untrue, constituting willful material misrepresentation. The omission of the Beneficiary's actual college education also cut off a line of inquiry into the authenticity of his job experience. Furthermore, the Petitioner did not provide required financial evidence to demonstrate the ability to pay the proffered wage for years following 2019.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested the Beneficiary's high school diploma; the Petitioner responded by claiming the listed school was a typographical error and provided Pakistani credentials.
RFE Targets
Education Credentials
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- High school education
- 24 months experience in managing a gas station
Similar Cases
Store Manager
Retail
USCIS EB-3 dismissed
2024-07-05
The motion to reopen was dismissed because it failed to state new facts and only contained previously submitted materials. The motion to reconsider was dismissed because it did not demonstrate a misapplication of law or policy in the prior decision. The Petitioner failed to meet EB-3 requirements regarding the ability to pay and the beneficiary's qualifications.
Store Manager
Retail · Pakistan
USCIS EB-3 remanded
Texas 2022-09-29
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.
Others
Food and Beverage · Uzbekistan
USCIS EB-3 remanded
2025-02-21
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).
Store Manager
Retail · Pakistan
USCIS EB-3 rfe dismissed
2024-09-18
The appeal was dismissed because the Petitioner did not provide sufficient independent, objective evidence to corroborate the Beneficiary's claimed full-time work experience in Pakistan, which was necessary to meet the 24 months of required experience. The Beneficiary's prior U.S. visitor visa application, where he stated no previous employment, created an inconsistency that required more than just employer letters to resolve.
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: 2022-08-30.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist