dismissed EB-3

Travel And Tours Manager

Travel Agency · 2024-06-25

Decision Date
2024-06-25
Location
California
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 2 criteria met
Labor Certification (Not Met)

The Director found the Petitioner willfully concealed material facts (a sibling relationship) on the labor certification, leading to revocation.

Ability to Pay (Not Met)

The Petitioner failed to demonstrate its ability to pay the offered job's proffered wage.

Why This Petition Was Denied

The motion to reopen was dismissed because it did not state new facts, providing only tax returns and articles already present in the record. The motion to reconsider was dismissed because it failed to address the grounds of the prior decision and instead re-argued merits regarding the ability to pay and the materiality of the concealed sibling relationship.

Evidence

Skills Required
  • at least two years of training or experience

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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: 2024-06-25.

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At a Glance

Outcome dismissed
Criteria Met 0 / 2

EB-3 Case Data

Scraped Case Data

Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64

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