dismissed EB-3
Business Manager
Wholesale And Retail Importing Business · 2024-09-06
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
0 of 1 criteria metJob Qualifications (Not Met)
The Director concluded that the record did not establish that the Beneficiary is qualified for the offered position, and the Beneficiary did not overcome these grounds for revocation.
Why This Petition Was Denied
The motions to reopen and reconsider were dismissed because the prior motion was untimely filed, received 34 days after the decision was mailed, exceeding the 33-day deadline. The Beneficiary failed to demonstrate the delay was reasonable and beyond their control, and their reliance on 8 C.F.R. § 103.8(b) regarding service by mail was misplaced, as filing date is based on actual receipt, not mailing.
Evidence
Skills Required
- baccalaureate degree
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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: 2024-09-06.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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