dismissed EB-3 RFE Issued
Packer
Moving Services · South Korea · 2025-02-18
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 metEmployer's Ability to Pay Proffered Wage (Not Met)
The Director's finding of insufficient evidence of the Petitioner's ability to pay was withdrawn because USCIS failed to provide proper advance notice of this revocation ground in the NOIR.
Why This Petition Was Denied
The appeal was dismissed because the Beneficiary failed to demonstrate the Petitioner's intent and ability to employ him in the offered job at the time of the petition's approval. The company's corporate suspension, permit revocation, and the owner's severe health issues and subsequent death indicated it could not conduct business or employ the Beneficiary. The Director's findings regarding ability to pay and alleged misrepresentations were withdrawn due to insufficient prior notice.
Request for Evidence (RFE)
Successfully AddressedAn RFE was issued concerning the Petitioner's business operations. The Petitioner responded to the RFE, which led to the initial approval of the petition.
RFE Targets
Employer's Ability to Pay Proffered Wage
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-18.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 /
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
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