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remanded EB-3 RFE Issued

Landscape Foreman

Landscaping Business · Honduras · 2024-09-11

Decision Date
2024-09-11
Location
Connecticut
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 3 criteria met
Labor Certification Validity (Not Met)

The Director's finding of willful misrepresentation regarding the bona fide job offer was withdrawn, but the issue of a bona fide job offer remains unresolved due to the familial relationship and lack of sufficient explanation from the Director.

Beneficiary's Job Qualifications (Not Met)

The Beneficiary's claimed education and experience are inconsistent and do not clearly demonstrate possession of the required 12 years of experience as a landscape foreman, casting doubt on eligibility.

Employer's Ability to Pay (Not Met)

The Petitioner's continuing ability to pay the offered wage from the priority date until lawful permanent residence has not been established and requires further evidence.

Why This Petition Was Remanded

The Director's decision to revoke was withdrawn due to deficiencies in explaining the specific reasons for revocation and failing to analyze evidence provided by the Petitioner. The matter is remanded for further consideration because additional adverse information casts doubt on the Beneficiary's claimed education and employment experience, and the Petitioner's continuing ability to pay the proffered wage needs to be established.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOIR questioned the bona fide nature of the job offer due to a familial relationship and alleged willful misrepresentation. The Petitioner responded with evidence of recruitment, tax, and payroll records to establish a bona fide job offer and lack of Beneficiary's influence/control.

RFE Targets
Labor Certification Validity

Evidence

Evidence Types
Recruitment Advertisements
Tax Records
Payroll Records
High School Diploma
University Transcripts
Reference Letters Dependent
Skills Required
  • bachelor's degree in business administration or business management
  • foreign educational equivalent in business administration or business management
  • 36 months of experience in landscape foreman position
  • one year of college level education in business administration/management (alternative)
  • 12 years of experience in landscape foreman position (alternative)

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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: 2024-09-11.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 6

EB-3 Case Data

Scraped Case Data

Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63

Related Pages

EB-3 Overview EB-3 in Honduras All EB-3 Cases EB-3 Dashboard

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