remanded EB-3 RFE Issued
Manager Janitorial Services
Janitorial Services · 2024-02-02
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 metEmployer Ability to Pay (Met)
The Director initially indicated that the Petitioner sufficiently addressed the ability to pay issue through tax returns.
Bona Fide Job Offer (Not Met)
The record failed to demonstrate that a full-time supervisory position existed at the stated work location with actual employees to supervise.
Why This Petition Was Remanded
The Director's revocation was withdrawn and remanded because the Petitioner was not given a proper opportunity to address specific deficiencies regarding the work location and the lack of employees to supervise. The AAO noted that the Petitioner's claim that the Beneficiary would supervise workers at various client sites contradicted the labor certification, which listed only one residential work location. The matter requires a new Notice of Intent to Revoke (NOIR) to allow the Petitioner to respond to these specific inconsistencies.
Request for Evidence (RFE)
Unsuccessfully AddressedThe NOIR requested evidence that the job opportunity was bona fide given the lack of employees and the residential nature of the work site. The Petitioner submitted tax returns and affidavits from family members to show business activity.
RFE Targets
Bona Fide Job OfferEmployer Ability to Pay
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- Supervision of workers
- Assign job duties
- Investigate complaints
- Corrective action
- Purchase housekeeping supplies and equipment
- Inventory management
- Screening applicants
- Training new employees
- Recommend dismissals
- At least two years of training or experience
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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: 2024-02-02.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Criteria Met 1 / 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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