All Cases
9 cases · 0 approved / sustained · 6 denied / dismissed · 3 remanded
Others
Transportation · South Korea
USCIS EB-3 rfe dismissed
California 2025-02-18
The appeal was dismissed because the Beneficiary failed to demonstrate the Petitioner's intent and ability to employ him in the offered job at the time of the petition's approval. The company's corporate suspension, permit revocation, and the owner's severe health issues and subsequent death indicated it could not conduct business or employ the Beneficiary. The Director's findings regarding ability to pay and alleged misrepresentations were withdrawn due to insufficient prior notice.
Operations Manager
Printing and Publishing · South Korea
USCIS EB-3 remanded
Arizona 2024-08-09
The AAO withdrew the revocation because the original NOIR was based on unsupported speculation and failed to provide the petitioner with specific evidence to rebut. However, the case was remanded because the record contained unresolved inconsistencies regarding the beneficiary's job duties and language proficiency. These factors cast doubt on the petitioner's actual intent to employ the beneficiary in the certified position.
Chef
Food and Beverage · South Korea
USCIS EB-3 rfe dismissed
Nebraska 2024-07-22
The appeal was dismissed because the Petitioner failed to provide sufficient independent, objective evidence to resolve inconsistencies regarding the Beneficiary's qualifying experience. Specifically, the record did not overcome the derogatory information found in the Beneficiary's prior visa application and the ambiguous business registration certificate.
Others
Jewelry · South Korea
USCIS EB-3 rfe dismissed
2024-07-08
The Petitioner did not establish the Beneficiary's qualifying experience of four years in consumer marketing and sales in the fashion jewelry industry by the priority date of March 24, 2016. Business registration documents provided did not corroborate job duties or specific employment dates, and inconsistencies in the Beneficiary's work history remained unresolved.
Others
Cleaning Services · South Korea
USCIS EB-3 rfe dismissed
2024-07-02
The appeal was dismissed because the Petitioner failed to demonstrate a bona fide intent to employ the Beneficiary in the offered position. The record did not establish that the Beneficiary met the minimum requirement of two years of experience in the job offered by the priority date. Furthermore, the Petitioner did not sufficiently prove its ability to pay the proffered wage due to unresolved discrepancies in financial and payroll documentation.
Accountant
Consulting · South Korea
USCIS EB-3 rfe dismissed
Georgia 2024-02-13
The motion to reopen failed to establish a valid successor-in-interest relationship due to inconsistent and unreliable documentation regarding the transfer of assets. Additionally, the Beneficiary did not demonstrate that his three-year foreign degree was equivalent to a U.S. bachelor's degree as required by the EB-3 professional category.
Others
Others · South Korea
USCIS EB-3 rfe dismissed
2023-01-06
The appeal was dismissed because the Petitioner did not demonstrate the Beneficiary possessed the required two years of skilled labor experience by the priority date. The evidence provided was deemed not credible due to material inconsistencies between the labor certification and the Beneficiary's prior statements to the Department of State. Additionally, the familial relationship between the Beneficiary and the former employer undermined the independence and reliability of the supporting documentation.
Others
Food and Beverage · South Korea
USCIS EB-3 remanded
Texas 2022-08-03
The AAO withdrew the findings of willful misrepresentation and lack of a bona fide job offer because the Petitioner provided sufficient explanations for recruitment and signing discrepancies. The case was remanded to determine the Petitioner's current business status and continuing ability to pay the proffered wage, especially given its terminated franchise tax status in Texas. The Petitioner must also demonstrate the ability to pay multiple beneficiaries from other filed petitions.
Buyer
Wholesale Trade · South Korea
USCIS EB-3 remanded
2022-07-28
The AAO withdrew the revocation, stating the Director erred by concluding a lack of a bona fide job opportunity solely because the Petitioner identified the Beneficiary before the labor certification recruitment. DOL regulations do not prohibit seeking a specific person or creating a new position, provided the labor market is properly tested. The case was remanded for the Director to consider if recruitment efforts were otherwise proper.