dismissed EB-3

Jewelry Repairer

Jewelry Shop · Pakistan · 2022-11-16

Decision Date
2022-11-16
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 2 criteria met
Labor Certification (Met)

The Petitioner obtained an approved ETA Form 9089 from the Department of Labor, and the AAO withdrew the Director's previous invalidation of it.

Job Qualifications (Not Met)

The Petitioner failed to provide objective evidence to verify the Beneficiary's 24 months of required experience, especially given conflicting statements on prior visa applications.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to resolve inconsistencies regarding the Beneficiary's work history with independent objective evidence. Consequently, the Petitioner did not establish that the Beneficiary possessed the required 24 months of experience as a jewelry repairer. While findings of willful misrepresentation and the invalidation of the labor certification were withdrawn, the lack of proven qualifications warranted the denial.

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • 24 months of experience in the job offered (jewelry repairer)

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-11-16.

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At a Glance

Outcome dismissed
Criteria Met 1 / 2
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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