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remanded EB-3

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Operator Of Fast-Food Restaurants · Uzbekistan · 2025-02-21

Decision Date
2025-02-21
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.

Framework Evaluation

0 of 0 criteria met
Labor Certification Validity (Met)

The AAO found insufficient evidence to support the Director's finding that the Petitioner violated 20 C.F.R. § 656.12(b) or willfully concealed receipt of payment for labor certification activity, thus withdrawing the misrepresentation finding.

Employer's Intent to Employ Permanently (Not Met)

The Director's decision failed to explain the specific reasons for revoking the petition based on the company's purported lack of intent to employ the Beneficiary in the offered job on a permanent basis, leading to a remand for further explanation.

Why This Petition Was Remanded

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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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: 2025-02-21.

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At a Glance

Outcome remanded
Criteria Met 0 / 0

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 Uzbekistan All EB-3 Cases EB-3 Dashboard

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