dismissed EB-3
Export Manager
International Trade Financing · 2024-11-12
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 criteria metEmployer's Ability to Pay Proffered Wage (Not Met)
The Petitioner failed to establish its ability to pay the proffered wage from the priority date, lacking sufficient net income or net current assets, and other factors like business growth or reputation did not compensate for this.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to demonstrate its ability to pay the proffered wage of $62,504 from the priority date of March 22, 2021. The Petitioner's 2021 tax returns showed insufficient net income ($8,976) and no reported net current assets. The personal assets of the owner were not considered, as a corporation is a distinct legal entity. Bank statements were deemed insufficient to prove sustained ability to pay, and the Petitioner did not provide adequate evidence of business growth or financial recovery to overcome the deficit.
Evidence
Evidence Types
Federal Tax Returns
Bank Account Records
Skills Required
- baccalaureate degree
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-12.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 /
Evidence Types 2
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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