remanded EB-3 RFE Issued
Physical Therapist
Provider Of Physical, Occupational, And Speech Therapy Services · India · 2024-05-03
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 2 criteria metLabor Certification (Met)
The Petitioner complied with Schedule A requirements, including the prevailing wage and posting notices.
Education Credentials (Not Met)
The record does not demonstrate that the Beneficiary's degrees, individually, equate to a U.S. bachelor's degree in physical therapy.
Why This Petition Was Remanded
The matter was remanded because the Petitioner did not establish that the Beneficiary's single degree (either the Indian bachelor's or the U.S. master's) equates to a U.S. bachelor's degree in physical therapy as required by the labor certification and EB-3 professional regulations. The Director failed to notify the Petitioner of this specific deficiency regarding degree equivalency.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director issued a NOID questioning the Beneficiary's degree level for licensure. The Petitioner provided evidence of Indiana licensing requirements and credential evaluations.
RFE Targets
Education Credentials
Evidence
Evidence Types
Reference Letters Independent
Skills Required
- U.S. bachelor's degree or foreign equivalent degree in physical therapy
- Possession of, or eligibility for, an Indiana physical therapy license
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-03.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Criteria Met 1 / 2
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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