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dismissed EB-3 RFE Issued

Specialty Chef

Restaurant · South Korea · 2024-07-22

Decision Date
2024-07-22
Location
Nebraska
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 met
Labor Certification (Met)

The Petitioner obtained a DOL certification for the position of specialty chef with a priority date of August 12, 2014.

Experience Documentation (Not Met)

The Petitioner failed to provide reliable, corroborating evidence of the Beneficiary's required two years of experience as a Japanese cuisine chef.

Why This Petition Was Denied

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOIR requested corroborating evidence for the Beneficiary's tenure at a South Korean restaurant and an explanation for conflicting statements on a 2006 visa application. The Petitioner provided counsel's assertions and co-worker statements, which did not satisfactorily address the discrepancies.

RFE Targets
Experience Documentation

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • two years' experience in the job offered
  • specializing in Japanese cuisine

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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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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-22.

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At a Glance

Outcome dismissed
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

Related Pages

EB-3 Overview EB-3 in South Korea All EB-3 Cases EB-3 Dashboard

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