dismissed EB-3 RFE Issued
Nanny
Real Estate Investment Company ยท 2025-02-21
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 criteria metEmployer Ability to Pay (Not Met)
The LLC failed to demonstrate its ability to pay the proffered wage, as its net income was negative in 2022 and 2023, and the owner's personal finances could not be considered.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner, a single-member LLC, failed to demonstrate its continuing ability to pay the proffered wage. USCIS determined that only the LLC's finances could be considered, not the owner's personal finances, despite the LLC being a 'disregarded entity' for tax purposes. The LLC's net income was negative in 2022 and 2023, and other factors did not sufficiently establish its ability to pay.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested additional proof of the company's ability to pay the proffered wage and confirmation of the LLC's intent to employ the Beneficiary. The petitioner responded by submitting the owner's personal tax returns and arguing for their consideration, which USCIS rejected.
RFE Targets
Employer Ability to Pay
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-21.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 /
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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