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dismissed EB-3 RFE Issued

Upper Elementary Teacher

Publicly-Funded Charter School · Mexico · 2024-12-23

Decision Date
2024-12-23
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 1 criteria met
Education Credentials (Not Met)

The Beneficiary did not possess a bachelor's degree in elementary education, which was unambiguously required by the labor certification. Her degrees were in graphic design and information design, and an equivalency based on combined education and experience was not accepted.

Why This Petition Was Denied

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification or evidence regarding the offered job's educational requirements. The Petitioner responded by submitting additional evidence and arguing that the labor certification allowed for a bachelor's degree in any field, which USCIS rejected due to the unambiguous language of the certification.

RFE Targets
Education Credentials

Evidence

Skills Required
  • U.S. bachelor's degree in elementary education or foreign equivalent
  • two years of experience in the job offered
  • ability to speak Spanish

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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.

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More dismissed cases More Education cases More cases from Mexico

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 1

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 Mexico All EB-3 Cases EB-3 Dashboard

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