dismissed EB-3 RFE Issued
Truck Driver
Trucking Company ยท 2025-04-11
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
2 of 3 criteria metLabor Certification (Met)
The Petitioner obtained a DOL-approved labor certification with a priority date of November 10, 2022.
Experience Documentation (Met)
The Petitioner submitted evidence in the RFE response confirming the Beneficiary possessed the required one year of experience.
Employer Ability to Pay (Not Met)
While the petitioner met the requirement for 2022, it failed to provide timely evidence for 2023 during the RFE process.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to submit the 2023 federal income tax return during the RFE period despite it being available. Under Matter of Soriano, evidence first submitted on appeal that was available during the RFE stage is generally not considered. Furthermore, the Petitioner did not establish that the individual who signed the appeal notice was an authorized signatory.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director requested the 2023 tax return and proof of the beneficiary's experience; the petitioner only successfully addressed the experience requirement.
RFE Targets
Employer Ability to PayExperience Documentation
Evidence
Skills Required
- ["less than two years of training or experience", "at least one year's experience in the offered job"]
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-04-11.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 2 / 3
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
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