All Cases
7 cases · 1 approved / sustained · 3 denied / dismissed · 3 remanded
Teacher
Education · Mexico
USCIS EB-3 rfe dismissed
2024-12-23
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary possessed the required bachelor's degree in elementary education as specified in the labor certification. The labor certification explicitly stated 'Elementary Education' as the major field of study and marked 'No' for alternate fields. The Beneficiary's degrees in graphic design and information design, or an equivalency based on combined education and experience in general 'Education,' did not satisfy this specific criterion.
Elementary School Teacher
Education · Mexico
USCIS EB-3 sustained
2024-09-25
The Director's denial was based on the interpretation that the Beneficiary's foreign degree was a professional license, not a bachelor's equivalent, citing EDGE. The AAO, upon de novo review, found that the Beneficiary's degree, completed over four years of university study (ten trimesters) and supported by an independent academic credentials report equating to 132 credit hours, met the labor certification's requirement of a bachelor's degree in 'any academic major field' and the regulatory definition of a professional.
Others
Education
USCIS EB-3 remanded
2024-08-27
The Director's decision was based on the Petitioner's perceived inability to pay the proffered wage. The AAO withdrew this decision, finding the Petitioner did demonstrate ability to pay for 2022. However, the case was remanded because the record lacked evidence of ability to pay for 2023 and 2024, which is required for continuing eligibility.
Teacher
Education
USCIS EB-3 remanded
Texas 2024-07-03
The Director's decision was insufficient for review because it lacked analysis of relevant evidence submitted by the Petitioner, including newspaper advertisements, job orders, and internal applicant tracking records. The AAO determined that while there was cause for inquiry due to the former employee's fraud, the Director must explain why the specific evidence provided did not overcome the grounds for revocation. Consequently, the matter was remanded for a new decision that addresses all submitted documentation.
Teacher
Education · Belgium
USCIS EB-3 rfe dismissed
2024-05-09
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary possesses a single-source U.S. bachelor's degree or a foreign equivalent degree as required for professional classification. The labor certification required a bachelor's degree, but the Beneficiary's Belgian degree was a three-year program, which does not meet the standard four-year U.S. baccalaureate requirement.
Business Development Manager
Education
USCIS EB-3 rfe remanded
2024-04-25
The matter was remanded because the Director failed to review the Petitioner's tax returns and other relevant evidence submitted during the motion to reopen. De novo review determined the Director is the appropriate party to evaluate the impact of the newly submitted financial documentation on the Petitioner's ability to pay. Additionally, the relationship between the Petitioner and the entity issuing pay vouchers needs clarification.
Others
Education
USCIS EB-3 rfe dismissed
2022-07-20
The Petitioner did not sufficiently document the transfer and assumption of ownership from the labor certification employer. The purchase agreement was incomplete and dated prior to the labor certification filing, failing to prove the Petitioner acquired essential rights and obligations after the priority date. Additionally, the corporate affidavit provided did not equate to a bona fide transfer of ownership necessary for successor-in-interest status.