remanded EB-3
Poultry Processing Worker
Poultry Processing Business · 2022-07-07
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 U.S. Department of Labor.
Employer Ability to Pay (Not Met)
The Petitioner failed to submit required financial documents such as tax returns or audited statements for the priority year 2017 and beyond.
Why This Petition Was Remanded
The AAO withdrew the Director's original grounds for denial regarding the bona fide nature of the job offer. However, the case was remanded because the Petitioner had not submitted the regulatory required evidence to demonstrate its continuing ability to pay the combined proffered wages for the Beneficiary and other filed I-140 petitions.
Evidence
Skills Required
- unskilled labor requiring less than two years of training or experience
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The AAO withdrew the findings of willful misrepresentation and lack of a bona fide job offer because the Petitioner provided sufficient explanations for recruitment and signing discrepancies. The case was remanded to determine the Petitioner's current business status and continuing ability to pay the proffered wage, especially given its terminated franchise tax status in Texas. The Petitioner must also demonstrate the ability to pay multiple beneficiaries from other filed petitions.
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The matter was remanded because the record lacked the mandatory financial documentation (tax returns or audited statements) for 2019 onwards to verify the ability to pay. The Director must also evaluate the Petitioner's ability to pay the combined proffered wages for all beneficiaries of its pending or approved I-140 petitions. The Petitioner is allowed the opportunity to submit updated financial records and evidence regarding the totality of its circumstances.
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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).
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: 2022-07-07.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 1 / 3
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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