remanded EB-3
Senior Systems Analyst
Software Development Services · 2024-08-13
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's Ability to Pay Proffered Wage (Not Met)
The Petitioner did not demonstrate its ability to pay the proffered wage based on wages paid, net income, or net current assets for 2022. The Director also failed to consider other factors or the combined wages for multiple petitions.
Why This Petition Was Remanded
The Director denied the petition because the Petitioner's 2022 financial statements showed negative net income and net current assets, failing to cover the $146,682 proffered wage. The AAO remanded the case because the Director did not consider other factors like the company's prior profitability and uncharacteristic acquisition liabilities, nor did the Director assess the Petitioner's ability to pay the combined wages for multiple pending or approved petitions.
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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: 2024-08-13.
Browse all casesAt a Glance
Outcome remanded
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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