dismissed EB-3
Manager
Massage Center And Spa · 2025-03-17
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 metLabor Certification (Met)
The Petitioner obtained an approved labor certification (ETA Form 9089) from the Department of Labor.
Employer's Ability to Pay (Not Met)
The Petitioner's net income of $5,191 was insufficient to cover the proffered wage of at least $31,200, and no other financial factors supported the ability to pay.
Why This Petition Was Denied
The Petitioner's net income and net current assets were significantly below the proffered wage in the priority year. Under the Sonegawa totality of circumstances analysis, the Petitioner did not demonstrate a long-standing business reputation, significant growth, or uncharacteristic losses that would offset the financial shortfall. Furthermore, the submitted 2024 profit and loss statement did not meet regulatory requirements for audited financial statements because the auditor could not be identified.
Evidence
Skills Required
- less than two years of training or experience
Similar Cases
Accountant
Financial Services
USCIS EB-3 dismissed
2024-07-17
The appeal was dismissed because the Petitioner's net income and net current assets were insufficient to cover the proffered wage for the years 2021 and 2022. Additionally, the Petitioner did not provide a sufficient explanation of profit potential or how increased revenues would offset costs to meet the wage requirements under the totality of circumstances (Sonegawa) analysis.
Chef
Food and Beverage
USCIS EB-3 dismissed
2023-03-28
The Petitioner failed to establish the ability to pay the proffered wage through net income or net current assets as shown on IRS Form 1120S. Additionally, the totality of circumstances under Matter of Sonegawa did not support eligibility, as there was no evidence of uncharacteristic losses or significant industry reputation. The submitted financial statements were unaudited and therefore not persuasive under 8 C.F.R. § 204.5(g)(2).
Sales Representative
Logistics
USCIS EB-3 rfe dismissed
2023-03-20
The appeal was dismissed because the Petitioner did not demonstrate the continuing ability to pay the proffered wage from the priority date. The company's net income and net current assets were negative, and the record lacked evidence of the Petitioner's reputation or uncharacteristic expenditures to justify a totality of circumstances finding. Legal precedent prevents the consideration of assets from separate legal entities or shareholders to satisfy the employer's wage obligation.
Graphic Designer
Non-Profit
USCIS EB-3 rfe dismissed
2024-10-28
The appeal was dismissed because the Petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date until the petition's approval. The organization's net revenues and net current assets were insufficient, and it did not provide proof of officers' agreements to forego compensation or their ability to financially support themselves on reduced wages.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-17.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 2
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist