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 nonprofit corporation that evangelizes Chinese restaurant workers industry affect EB-3 petition outcomes?

The nonprofit corporation that evangelizes Chinese restaurant workers 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

Graphic Designer

Nonprofit Corporation That Evangelizes Chinese Restaurant Workers · 2024-10-28

Decision Date

2024-10-28

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

Employer's Ability to Pay Proffered Wage (Not Met)

The Petitioner failed to demonstrate its ability to pay the proffered wage of $39,832 annually from July 10, 2016, through April 3, 2018, based on wages paid, net revenues, or net current assets. The organization's arguments regarding officers foregoing compensation and other factors were not sufficiently substantiated.

Why This Petition Was Denied

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested additional evidence regarding the Petitioner's ability to pay the proffered wage. The Petitioner responded by arguing for the consideration of net current assets and indicating that its officers would forego compensation, but these arguments were found insufficient by USCIS.

RFE Targets

Employer's Ability to Pay Proffered Wage

Evidence

Skills Required

bachelor's degree

Similar Cases

Web Developer

Information Technology

USCIS EB-3 rfe remanded

2024-11-07

The motion to reconsider was granted regarding the Petitioner's intent to employ the Beneficiary permanently, as the evidence, including a letter stating 'full-time, permanent basis for the foreseeable future,' was deemed sufficient. However, the case was remanded because the Petitioner failed to provide sufficient evidence of its ability to pay the proffered wage of $93,600 annually for 2017 and 2018, as required by regulation.

Store Manager

Food and Beverage

USCIS EB-3 rfe dismissed

Texas 2024-10-01

The decision was dismissed because the Petitioner failed to establish its ability to pay the proffered annual wage of $69,000, as required by 8 C.F.R. § 204.5(g)(2). Financial statements (net income of $5,476, net current assets of $6,754 in 2021, and a 2022 profit of $55,604) were insufficient, and audited statements for the priority date year were not timely submitted despite an RFE. The motion to reopen and reconsider was dismissed as it did not present new material facts or demonstrate an incorrect application of law.

Sales Representative

Retail

USCIS EB-3 remanded

2025-03-06

The Director's decision was withdrawn and the matter remanded because USCIS failed to issue an RFE or NOID, denying the Petitioner an opportunity to submit additional evidence. The Director also did not fully consider the totality of the circumstances regarding the Petitioner's ability to pay the proffered wage, as required by Matter of Sonegawa. The case requires further review of the evidence and a new decision.

Software Engineer

Information Technology

USCIS EB-3 rfe sustained

2024-10-02

The Director denied the petition due to the Petitioner's failure to demonstrate its ability to pay the proffered wage. The AAO sustained the appeal, determining that the Petitioner met the regulatory requirements by paying the Beneficiary $92,400 in 2022, which exceeded the $85,842 annual proffered wage, and by submitting its 2022 federal income tax return as required evidence.

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

More dismissed cases More Non-Profit cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-28.

Browse all cases

At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 1

EB-3 Case Data

Scraped Case Data

Total Cases 108

Success Rate 9.3%

Sustained 10

Dismissed 63

EB-3 Overview All EB-3 Cases EB-3 Dashboard

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist