remanded EB-3

Assistant Shift Manager

Jewelry Store Operator · Pakistan · 2022-06-02

Decision Date
2022-06-02
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 met
Labor Certification (Met)

The Petitioner obtained an approved labor certification from the DOL with a priority date of May 9, 2017.

Education Credentials (Not Met)

The Beneficiary's degree was in Commerce, not the required field of Business Administration, and there were name discrepancies on the transcripts.

Employer Ability to Pay (Not Met)

The Petitioner failed to submit regulatory required financial evidence (tax returns or annual reports) for the priority year 2017.

Why This Petition Was Remanded

The AAO withdrew the revocation because the alleged misrepresentation was not supported, but remanded the case because the Petitioner failed to prove the Beneficiary held the required degree in 'business administration' and failed to provide 2017 financial documentation to prove ability to pay.

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • U.S. associate degree (or foreign equivalent) in business administration

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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: 2022-06-02.

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At a Glance

Outcome remanded
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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