Visalytics
Visalytics
dismissed EB-3 RFE Issued

Cook

Restaurant · Saudi Arabia · 2024-10-02

Decision Date
2024-10-02
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
Beneficiary meets job qualifications (Not Met)

The Beneficiary did not establish possession of the required 12 months of experience as a cook due to unresolved inconsistencies and lack of independent, objective evidence.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not provide independent, objective evidence to resolve inconsistencies regarding the Beneficiary's claimed employment experience. The experience certificates lacked signatory identification, and the Beneficiary's prior visa applications contradicted her employment claims. Furthermore, the Beneficiary's misrepresentations about her employment history were deemed willful and material, directly impacting her eligibility for the EB-3 unskilled worker classification requiring 12 months of experience.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOID questioned discrepancies between the Beneficiary's claimed employment on the labor certification and her prior nonimmigrant visa applications. The petitioner responded with sworn statements from the Beneficiary, her spouse, and the Petitioner's president, along with residence permits and articles on unauthorized employment, but no independent corroborating evidence.

RFE Targets
Beneficiary meets job qualifications

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • 12 months of experience as a cook

Similar Cases

Chef

Food and Beverage · India

USCIS EB-3 remanded
2023-01-23
The matter was remanded because the Director failed to sufficiently explain the reasons for revocation or discuss the Petitioner's response to the Notice of Intent to Revoke (NOIR). Furthermore, the record lacked evidence that the Beneficiary performed specific required duties like menu planning during his prior employment. The Beneficiary's more recent experience from 2017 could not be used to establish eligibility as of the 2006 priority date.

Chef

Food and Beverage · South Korea

USCIS EB-3 rfe dismissed
Nebraska 2024-07-22
The appeal was dismissed because the Petitioner failed to provide sufficient independent, objective evidence to resolve inconsistencies regarding the Beneficiary's qualifying experience. Specifically, the record did not overcome the derogatory information found in the Beneficiary's prior visa application and the ambiguous business registration certificate.

Others

Food and Beverage · South Korea

USCIS EB-3 remanded
Texas 2022-08-03
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.

Others

Food and Beverage · Uzbekistan

USCIS EB-3 remanded
2025-02-21
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 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

More dismissed cases More Food and Beverage cases More cases from Saudi Arabia

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-02.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 1
Evidence Types 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 Saudi Arabia All EB-3 Cases EB-3 Dashboard

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist