dismissed EB-3 RFE Issued
French Immersion Teacher
Public School System · Belgium · 2024-05-09
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 obtained a certified labor application from the DOL for the position.
Education Credentials (Not Met)
The Beneficiary's three-year degree from Belgium was not found to be the foreign equivalent of a U.S. baccalaureate degree.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary possesses a single-source U.S. bachelor's degree or a foreign equivalent degree as required for professional classification. The labor certification required a bachelor's degree, but the Beneficiary's Belgian degree was a three-year program, which does not meet the standard four-year U.S. baccalaureate requirement.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence that the Beneficiary met the minimum education requirements; the Petitioner provided an expert evaluation regarding the Bologna Process.
RFE Targets
Education Credentials
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- Bachelor's degree or foreign equivalent in education, French, foreign language or related field
Similar Cases
Elementary School Teacher
Education · Mexico
USCIS EB-3 sustained
2024-09-25
The Director's denial was based on the interpretation that the Beneficiary's foreign degree was a professional license, not a bachelor's equivalent, citing EDGE. The AAO, upon de novo review, found that the Beneficiary's degree, completed over four years of university study (ten trimesters) and supported by an independent academic credentials report equating to 132 credit hours, met the labor certification's requirement of a bachelor's degree in 'any academic major field' and the regulatory definition of a professional.
Teacher
Education · Mexico
USCIS EB-3 rfe dismissed
2024-12-23
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary possessed the required bachelor's degree in elementary education as specified in the labor certification. The labor certification explicitly stated 'Elementary Education' as the major field of study and marked 'No' for alternate fields. The Beneficiary's degrees in graphic design and information design, or an equivalency based on combined education and experience in general 'Education,' did not satisfy this specific criterion.
Teacher
Education
USCIS EB-3 remanded
Texas 2024-07-03
The Director's decision was insufficient for review because it lacked analysis of relevant evidence submitted by the Petitioner, including newspaper advertisements, job orders, and internal applicant tracking records. The AAO determined that while there was cause for inquiry due to the former employee's fraud, the Director must explain why the specific evidence provided did not overcome the grounds for revocation. Consequently, the matter was remanded for a new decision that addresses all submitted documentation.
Others
Education
USCIS EB-3 remanded
2024-08-27
The Director's decision was based on the Petitioner's perceived inability to pay the proffered wage. The AAO withdrew this decision, finding the Petitioner did demonstrate ability to pay for 2022. However, the case was remanded because the record lacked evidence of ability to pay for 2023 and 2024, which is required for continuing eligibility.
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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-09.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 1 / 2
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist