remanded EB-3
Butcher
Meat Market Operator · 2024-11-21
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.
Why This Petition Was Remanded
The AAO withdrew the Director's decision because the Director incorrectly concluded that the Petitioner's motions were sent to the wrong USCIS address. Evidence, including the USCIS website's filing location, delivery tracking, and USCIS receipt records, demonstrated that the motions were filed at the correct designated location, thus warranting a remand for a decision on the merits.
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The Administrative Appeals Office (AAO) found insufficient evidence to support the Director's finding of willful misrepresentation regarding payment for the labor certification. Additionally, the Director failed to provide specific reasons for concluding that the company lacked the required intent to employ the Beneficiary in the offered job on a permanent basis, violating 8 C.F.R. § 205.2(c).
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USCIS EB-3 dismissed
California 2024-11-12
The motion to reopen was dismissed because it did not state new facts, as required by 8 C.F.R. § 103.5(a)(2), by submitting evidence already in the record. The motion to reconsider was dismissed because it failed to demonstrate a misapplication of law or policy and contained arguments previously rejected, consistent with Matter of O-S-G-.
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USCIS EB-3 dismissed
2024-10-30
The motions to reopen and reconsider were dismissed because the Petitioner failed to establish that the previous decision was based on an incorrect application of law or policy. Additionally, the Petitioner did not provide new facts, supported by evidence, that would warrant reopening the proceeding. USCIS maintained that proper notice was given by mail to the address of record and that the petitioner is solely responsible for updating their mailing address.
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USCIS EB-3 remanded
Texas 2022-08-03
The AAO withdrew the findings of willful misrepresentation and lack of a bona fide job offer because the Petitioner provided sufficient explanations for recruitment and signing discrepancies. The case was remanded to determine the Petitioner's current business status and continuing ability to pay the proffered wage, especially given its terminated franchise tax status in Texas. The Petitioner must also demonstrate the ability to pay multiple beneficiaries from other filed petitions.
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: 2024-11-21.
Browse all casesAt a Glance
Outcome remanded
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
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