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remanded EB-3 RFE Issued

Registered Nurse

Medical Center · Philippines · 2024-09-17

Decision Date
2024-09-17
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

0 of criteria met
Beneficiary's Job Qualifications (Not Met)

The beneficiary's experience documentation was inconsistent with prior visa applications, preventing an affirmative finding that the required six months of experience was met.

Employer's Ability to Pay (Not Met)

The petitioner did not provide regulatory-required evidence (annual reports, federal tax returns, or audited financial statements) demonstrating its continuing ability to pay the proffered wage from the priority date, especially considering other pending I-140 petitions.

Why This Petition Was Remanded

The decision was remanded because the beneficiary's employment history, as presented in the ETA 9089 and experience letter, was inconsistent with prior nonimmigrant visa applications, casting doubt on the required experience. Additionally, the petitioner failed to provide regulatory-required evidence of its continuing ability to pay the proffered wage from the priority date, especially considering multiple I-140 petitions for other beneficiaries.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the beneficiary's six months of nursing experience, professional nurse qualifications (including a license), and an employer letter detailing employment dates and duties. The petitioner provided an experience letter and job description, but the AAO later identified inconsistencies in the beneficiary's employment history that were not resolved.

RFE Targets
Beneficiary's Job Qualificationsexperience documentation

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • bachelor's or foreign equivalent degree in nursing
  • six months of experience in nursing

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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: 2024-09-17.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 /
Evidence Types 1

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 Philippines All EB-3 Cases EB-3 Dashboard

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