dismissed EB-3 RFE Issued
Store Manager
Gelato And Coffee Bar Franchise · 2024-10-01
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 1 criteria metEmployer's Ability to Pay Proffered Wage (Not Met)
The Petitioner failed to demonstrate its ability to pay the Beneficiary the proffered annual wage of $69,000, as its 2021 net income ($5,476) and net current assets ($6,754) were insufficient, and timely audited financial statements were not provided.
Why This Petition Was Denied
The decision was dismissed because the Petitioner failed to establish its ability to pay the proffered annual wage of $69,000, as required by 8 C.F.R. § 204.5(g)(2). Financial statements (net income of $5,476, net current assets of $6,754 in 2021, and a 2022 profit of $55,604) were insufficient, and audited statements for the priority date year were not timely submitted despite an RFE. The motion to reopen and reconsider was dismissed as it did not present new material facts or demonstrate an incorrect application of law.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence of the Petitioner's ability to pay the proffered wage, specifically audited financial statements for 2021. The Petitioner did not submit these statements in response to the RFE, leading to the denial.
RFE Targets
Employer's Ability to Pay Proffered Wage
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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: 2024-10-01.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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