How common are remanded EB-3 petitions?

EB-3 petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the retail business industry affect EB-3 petition outcomes?

The retail business sector has unique considerations for EB-3 petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

remanded EB-3

Sales Associate/Business Assistant

Retail Business · 2025-03-06

Decision Date

2025-03-06

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 criteria met

Beneficiary's Education Credentials (Met)

The Petitioner established that the Beneficiary meets the minimum education requirements for the offered position by submitting academic records and an evaluation report on appeal.

Employer's Ability to Pay Proffered Wage (Not Met)

The Petitioner did not establish its continuing ability to pay the proffered wage based on net income or net current assets for 2022. The Director also failed to consider the totality of the circumstances, including prior years' revenues and other Sonegawa factors.

Why This Petition Was Remanded

The Director's decision was withdrawn and the matter remanded because USCIS failed to issue an RFE or NOID, denying the Petitioner an opportunity to submit additional evidence. The Director also did not fully consider the totality of the circumstances regarding the Petitioner's ability to pay the proffered wage, as required by Matter of Sonegawa. The case requires further review of the evidence and a new decision.

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Frequently Asked Questions

A remanded EB-3 petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-06.

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At a Glance

Outcome remanded

Criteria Met 1 /

EB-3 Case Data

Scraped Case Data

Total Cases 109

Success Rate 9.2%

Sustained 10

Dismissed 64

EB-3 Overview All EB-3 Cases EB-3 Dashboard

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