remanded EB-3
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Marketing ยท 2022-07-19
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 an approved labor certification from the DOL with a priority date of October 4, 2019.
Employer's Ability to Pay (Not Met)
The Petitioner failed to provide required tax returns or audited financial statements for the years following the priority date.
Why This Petition Was Remanded
The matter was remanded because the record lacked the mandatory financial documentation (tax returns or audited statements) for 2019 onwards to verify the ability to pay. The Director must also evaluate the Petitioner's ability to pay the combined proffered wages for all beneficiaries of its pending or approved I-140 petitions. The Petitioner is allowed the opportunity to submit updated financial records and evidence regarding the totality of its circumstances.
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- 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: 2022-07-19.
Browse all casesAt 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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