All Cases
4 cases · 0 approved / sustained · 2 denied / dismissed · 2 remanded
Bookkeeper
Retail · India
USCIS EB-3 dismissed
Massachusetts 2024-10-30
The motions to reopen and reconsider were dismissed because the new evidence did not establish the Beneficiary's required two years of experience for the skilled worker classification. Unresolved inconsistencies in the Beneficiary's identity and entry dates, coupled with credibility concerns regarding evidence from his brother, undermined the probative value of the submitted documents. The Petitioner failed to meet the preponderance of evidence standard to prove eligibility.
Physical Therapist
Healthcare · India
USCIS EB-3 rfe remanded
Indiana 2024-05-03
The matter was remanded because the Petitioner did not establish that the Beneficiary's single degree (either the Indian bachelor's or the U.S. master's) equates to a U.S. bachelor's degree in physical therapy as required by the labor certification and EB-3 professional regulations. The Director failed to notify the Petitioner of this specific deficiency regarding degree equivalency.
Bookkeeper
Retail · India
USCIS EB-3 rfe dismissed
Texas 2024-04-08
The Petitioner failed to resolve material inconsistencies in the record with independent, objective evidence. New letters submitted on motion were not contemporaneous, lacked specificity regarding job duties and dates, and were written by individuals without access to official payroll records. The Petitioner also failed to demonstrate a continuing intent to employ the Beneficiary.
Chef
Food and Beverage · India
USCIS EB-3 remanded
2023-01-23
The matter was remanded because the Director failed to sufficiently explain the reasons for revocation or discuss the Petitioner's response to the Notice of Intent to Revoke (NOIR). Furthermore, the record lacked evidence that the Beneficiary performed specific required duties like menu planning during his prior employment. The Beneficiary's more recent experience from 2017 could not be used to establish eligibility as of the 2006 priority date.