remanded EB-3 RFE Issued
Groom
Harness Racing Stable · 2022-09-07
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 metJob Qualifications (Not Met)
The record does not resolve inconsistencies between the NIV application (jockey) and labor certification (groom) regarding the 12 months of required experience.
Employer Ability to Pay (Not Met)
The Petitioner's 2019 tax return showed a negative adjusted gross income, which was insufficient to cover the wage deficiency.
Why This Petition Was Remanded
The matter was remanded to resolve inconsistencies in the Beneficiary's job duties between the labor certification and a prior visa application. Additionally, the Petitioner, a sole proprietorship, failed to demonstrate the financial ability to pay the proffered wage based on adjusted gross income and bank statements.
Request for Evidence (RFE)
Unsuccessfully AddressedThe NOID questioned the Beneficiary's work history and the Petitioner's ability to pay; the Petitioner provided a resume and bank statements which were found insufficient.
RFE Targets
Job QualificationsEmployer Ability to Pay
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- 12 months of prior experience in the offered position of groom
- Daily care of race horses mares and foals
- Brushing, bathing and exercising horses
- Prepping yearlings for sale
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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: 2022-09-07.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Criteria Met 0 / 1
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
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