remanded EB-3
Indian Food Specialty Cook
Indian Food Specialty · India · 2023-01-23
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 metExperience Documentation (Not Met)
The letter from I Hotels did not describe the Beneficiary's specific job duties, failing to prove he had 24 months of experience in the specific tasks required by the labor certification.
Job Qualifications (Not Met)
The Beneficiary's statements at a consular interview and the lack of detailed prior experience documentation cast doubt on his qualifications as a cook at the time of filing.
Why This Petition Was Remanded
The matter was remanded because the Director failed to sufficiently explain the reasons for revocation or discuss the Petitioner's response to the Notice of Intent to Revoke (NOIR). Furthermore, the record lacked evidence that the Beneficiary performed specific required duties like menu planning during his prior employment. The Beneficiary's more recent experience from 2017 could not be used to establish eligibility as of the 2006 priority date.
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- 24 months of experience as an Indian food specialty cook
- Preparing, seasoning, and cooking various Indian food dishes
- Using different types of vegetables, tandor, and traditional ingredients
- Planning menus
- Coordinating with manager in determining food supply
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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: 2023-01-23.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 0 / 1
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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