All Cases
2 cases · 0 approved / sustained · 1 denied / dismissed · 1 remanded
Registered Nurse
Healthcare · Philippines
USCIS EB-3 rfe remanded
2024-09-17
The decision was remanded because the beneficiary's employment history, as presented in the ETA 9089 and experience letter, was inconsistent with prior nonimmigrant visa applications, casting doubt on the required experience. Additionally, the petitioner failed to provide regulatory-required evidence of its continuing ability to pay the proffered wage from the priority date, especially considering multiple I-140 petitions for other beneficiaries.
Others
Healthcare · Philippines
USCIS EB-3 dismissed
2023-08-30
The motion was dismissed because the Petitioner misapplied nonimmigrant regulations (8 C.F.R. § 214.2(h)(4)(iii)(D)(5)) to an immigrant petition. Under EB-3 professional criteria, a candidate must possess an actual U.S. bachelor's degree or a foreign educational equivalent, and experience alone cannot substitute for this requirement. Furthermore, the labor certification specifically required a 'foreign educational equivalent,' which the Beneficiary's experience-based evaluation did not satisfy.