remanded EB-3 RFE Issued
Pizza Cook
Operator Of Franchise Restaurants · Iran · 2022-05-31
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
1 of 3 criteria metLabor Certification (Met)
The petitioner obtained an approved labor certification from the DOL with a priority date of June 24, 2016.
Employer Ability to Pay (Partially Met)
The petitioner demonstrated ability to pay for 2016 via audited financial statements but failed to provide evidence for 2017-2022 or for other concurrent petitions.
Why This Petition Was Remanded
The AAO withdrew the Director's finding regarding the lack of full-time intent, noting that a preponderance of evidence supported the petitioner's claim. However, the case was remanded because the petitioner did not provide required financial documentation (tax returns or audited statements) to prove the ability to pay the proffered wage for this and over 300 other filed petitions beyond the 2016 priority year.
Request for Evidence (RFE)
Successfully AddressedThe RFE requested payroll and scheduling data for all employees to prove the position was full-time. The petitioner provided schedules for several restaurants and affidavits from officials.
RFE Targets
job qualifications
Evidence
Skills Required
- No training required
- No education required
- No experience required
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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).
Chef
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The appeal was dismissed because the Petitioner did not provide independent, objective evidence to resolve inconsistencies regarding the Beneficiary's claimed employment experience. The experience certificates lacked signatory identification, and the Beneficiary's prior visa applications contradicted her employment claims. Furthermore, the Beneficiary's misrepresentations about her employment history were deemed willful and material, directly impacting her eligibility for the EB-3 unskilled worker classification requiring 12 months of experience.
Graphic Designer
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2024-10-28
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.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-05-31.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Criteria Met 1 / 3
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
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