remanded EB-3
Database Administrator
IT Consulting Business · 2022-10-03
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
1 of 3 criteria metLabor Certification (Met)
The Petitioner obtained a certified labor application from the DOL for the position of database administrator.
Job Qualifications (Not Met)
The record does not currently establish that the Beneficiary's experience with the Petitioner was in a job substantially different from the offered position.
Why This Petition Was Remanded
The Director erred by applying the incorrect legal standard for an advanced degree professional when the petitioner requested EB-3 professional classification. The matter is remanded to evaluate the Beneficiary's qualifications, specifically whether the experience gained with the Petitioner is 'substantially different' from the offered job as required by 20 C.F.R. § 656.17(i)(3).
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- U.S. master's degree or foreign equivalent in computer science or mechanical engineering
- 12 months of experience in the job offered or as a programmer analyst
- Teradata
- Informatica
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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: 2022-10-03.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 1 / 3
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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