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remanded EB-3 RFE Issued

Web Developer

Internet Marketing And Website Support Services · 2024-11-07

Decision Date
2024-11-07
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 met
Employer's Ability to Pay Proffered Wage (Not Met)

The Petitioner failed to demonstrate its ability to pay the proffered wage of $93,600 annually for 2017 and 2018, as the wages paid ($41,140.24 in 2017) were insufficient and no regulatory evidence (tax returns, financial statements) was submitted.

Why This Petition Was Remanded

The motion to reconsider was granted regarding the Petitioner's intent to employ the Beneficiary permanently, as the evidence, including a letter stating 'full-time, permanent basis for the foreseeable future,' was deemed sufficient. However, the case was remanded because the Petitioner failed to provide sufficient evidence of its ability to pay the proffered wage of $93,600 annually for 2017 and 2018, as required by regulation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The initial revocation notice did not include the issue of the Petitioner's ability to pay the proffered wage. The AAO remanded the case for the Director to issue a new NOIR specifically requesting evidence for the company's ability to pay the proffered wage, allowing the Petitioner and Beneficiary a reasonable opportunity to respond.

RFE Targets
Employer's Ability to Pay Proffered Wage

Evidence

Evidence Types
W2 Forms
Tax Returns
Financial Statements
Annual Reports

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-07.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 /
Evidence Types 4

EB-3 Case Data

Scraped Case Data

Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63

Related Pages

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