dismissed EB-3
Registered Nurse
Healthcare Staffing Company · Nigeria · 2024-04-30
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
1 of 2 criteria metSchedule A Labor Certification (Met)
The Petitioner demonstrated compliance with Schedule A regulations, including a valid prevailing wage determination and proper notice posting.
Job Qualifications (Experience) (Not Met)
The Beneficiary did not have the required one year of experience in the job offered at the time of the petition's filing.
Why This Petition Was Denied
The Petitioner failed to establish that the Beneficiary met the minimum job requirements of one year of experience as stated on the Schedule A labor certification. The AAO determined that experience gained during an educational program (externship) does not count as separate professional experience and the time spent with the Petitioner was insufficient to meet the one-year threshold by the filing date.
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- two-year nursing diploma
- one year of experience in the job offered
- Licensing or registration
- National Council Licensure Examination for Registered Nurses (NCLEX-RN)
- criminal background check
- drug screen
Similar Cases
Registered Nurse
Healthcare
USCIS EB-3 remanded
Florida 2024-07-31
The decision was remanded because the Petitioner did not provide required financial documentation (annual reports, tax returns, or audited financial statements) for the priority date year to prove its ability to pay the proffered wage. Furthermore, the Petitioner must demonstrate the financial capacity to pay the wages for this Beneficiary in addition to more than 800 other pending or approved petitions filed within the last year.
Registered Nurse
Healthcare · Philippines
USCIS EB-3 rfe remanded
2024-09-17
The decision was remanded because the beneficiary's employment history, as presented in the ETA 9089 and experience letter, was inconsistent with prior nonimmigrant visa applications, casting doubt on the required experience. Additionally, the petitioner failed to provide regulatory-required evidence of its continuing ability to pay the proffered wage from the priority date, especially considering multiple I-140 petitions for other beneficiaries.
Medical Assistant
Pharmaceuticals
USCIS EB-3 dismissed
Nebraska 2024-06-05
The motion to reopen was dismissed because the Petitioner presented no new facts supported by documentary evidence. The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy, merely reasserting previous arguments.
Registered Nurse
Healthcare
USCIS EB-3 remanded
2024-07-11
The appeal was sustained to the extent of remanding because the Petitioner demonstrated by a preponderance of evidence that it timely responded to the NOIR. The AAO withdrew the revocation to allow the Director to review the previously unexamined response and enter a new decision. The core issue was a procedural error regarding the receipt of the Petitioner's rebuttal evidence.
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: 2024-04-30.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 2
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