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dismissed EB-3 RFE Issued

Personal Care Attendant

Home Healthcare Services · Lebanon · 2024-10-01

Decision Date
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 3 criteria met
Labor Certification (Met)

DOL certification was obtained, indicating insufficient U.S. workers and no adverse impact on wages/working conditions.

Job Qualifications (Not Met)

The Beneficiary did not demonstrate 36 months of full-time experience as a personal care attendant by the priority date, as required by the labor certification.

Education Credentials (Not Met)

The Petitioner failed to provide documentary evidence of the Beneficiary's U.S. high school diploma or its foreign equivalent, a requirement of the offered job.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not demonstrate that the Beneficiary possessed at least 36 months of full-time experience as a personal care attendant (PCA) by the priority date. The provided time sheets showed that the Beneficiary worked full-time for only 21 out of 36 months between July 2014 and June 2017, and no time sheets were provided for the period after June 2017 to prove the requisite hours. Furthermore, the Petitioner failed to provide documentary evidence of the Beneficiary's high school diploma or its foreign equivalent, a stated requirement on the labor certification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the Beneficiary's qualifying experience. The Petitioner responded with an employer letter, NSSF notices, paystubs, and later, client lists and time sheets. The Director found the evidence insufficient to prove full-time experience and questioned inconsistencies.

RFE Targets
experience documentation

Evidence

Evidence Types
Reference Letters Dependent
Paystubs
Skills Required
  • U.S. high school diploma or its foreign equivalent
  • 36 months of experience in the job offered

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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: 2024-10-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-3 Case Data

Scraped Case Data

Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63

Related Pages

EB-3 Overview EB-3 in Lebanon All EB-3 Cases EB-3 Dashboard

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