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dismissed EB-3 RFE Issued

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Golf Course And Resort · 2025-01-06

Decision Date
2025-01-06
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 met
Employer's Ability to Pay Proffered Wage (Not Met)

The Petitioner failed to provide the required initial evidence (annual reports, federal tax returns, or audited financial statements) to demonstrate its ability to pay the proffered wage, as mandated by regulation and current USCIS policy. The Petitioner's argument that evidence of the Beneficiary's wages alone is sufficient was rejected.

Why This Petition Was Denied

The appeal is dismissed because the Petitioner failed to provide the initial evidence required by 8 C.F.R. § 204.5(g)(2) to demonstrate its ability to pay the proffered wage. Current USCIS policy mandates annual reports, federal tax returns, or audited financial statements, even if the beneficiary has been paid the proffered wage, and the Petitioner did not provide these documents or explain their unavailability.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional documentation of the Petitioner's ability to pay, specifically annual reports, federal tax returns, or audited financial statements. The Director advised that the Petitioner "may not submit additional evidence in place of initial evidence" unless it demonstrated that the initial evidence does not exist or cannot be obtained. In response, the Petitioner resubmitted evidence of the Beneficiary's wages, arguing that ongoing employment at a higher wage was sufficient proof.

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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 1

EB-3 Case Data

Scraped Case Data

Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64

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