How common are denied EB-3 petitions?

EB-3 petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the martial arts instruction facility industry affect EB-3 petition outcomes?

The martial arts instruction facility sector has unique considerations for EB-3 petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-3 RFE Issued

Hapkido Instructor

Martial Arts Instruction Facility · South Korea · 2023-01-06

Decision Date

2023-01-06

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 1 criteria met

Experience Documentation (Not Met)

The Petitioner failed to provide independent, objective evidence of the required two years of experience, and the provided letters were from a biased source (the Beneficiary's uncle).

Job Qualifications (Not Met)

The Beneficiary's own prior statements on a visa application contradicted the claim that he held the necessary qualifications and experience for the position.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not demonstrate the Beneficiary possessed the required two years of skilled labor experience by the priority date. The evidence provided was deemed not credible due to material inconsistencies between the labor certification and the Beneficiary's prior statements to the Department of State. Additionally, the familial relationship between the Beneficiary and the former employer undermined the independence and reliability of the supporting documentation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOID requested explanation and objective evidence for the conflict between the labor certification and the Beneficiary's 2018 student visa application where he claimed no prior employment. The Petitioner provided statements claiming cash payments to avoid taxes, which were not supported by financial records.

RFE Targets

Experience DocumentationJob Qualifications

Evidence

Evidence Types

Reference Letters Dependent

Skills Required

2 years of work experience in the job offered
Hapkido instruction skills
Master rank (claimed)

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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: 2023-01-06.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 1

Evidence Types 1

EB-3 Case Data

Scraped Case Data

Total Cases 108

Success Rate 9.3%

Sustained 10

Dismissed 63

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