sustained EB-3
Application Analyst
International Technology-Enabled Payment Processing Services Provider · 2022-07-15
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
3 of 3 criteria metLabor Certification (Met)
The Petitioner obtained an approved labor certification from the Department of Labor.
Education Credentials (Met)
The position requires a professional with a baccalaureate degree.
Ability to Pay (Met)
Established through the totality of circumstances (Sonegawa) despite a 2017 wage deficit.
Why This Petition Was Approved
The appeal was sustained based on the 'Sonegawa' totality of circumstances test, which considers factors like business longevity, size of operations, and industry reputation. The Petitioner demonstrated it was an established international payment processor with the capacity to pay the proffered wage despite a temporary shortfall in 2017.
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- baccalaureate degree
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Frequently Asked Questions
A sustained EB-3 (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-07-15.
Browse all casesAt a Glance
Outcome sustained
Criteria Met 3 / 3
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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