All Cases
14 cases · 2 approved / sustained · 7 denied / dismissed · 5 remanded
Laboratory Technician
Healthcare
USCIS EB-3 sustained
Texas 2025-03-18
The AAO determined that a petitioner is not required to currently employ a beneficiary, only to show intent for prospective employment once permanent residency is granted. Evidence regarding the relationship between the non-profit healthcare system and its subsidiary satisfied the preponderance of evidence standard for a bona fide job offer.
Others
Healthcare
USCIS EB-3 dismissed
2025-02-21
The appeal was dismissed because the Petitioner did not demonstrate its ability to pay the proffered annual wage of $26,936 for 2022 and 2023. Financial records showed negative net income and net current assets. Arguments about temporary losses for long-term gain and a secured loan were not adequately documented or did not cover the entire period, and the personal finances of the owners could not be considered for the LLC.
Others
Healthcare · Lebanon
USCIS EB-3 rfe dismissed
2024-10-01
The appeal was dismissed because the Petitioner did not demonstrate that the Beneficiary possessed at least 36 months of full-time experience as a personal care attendant (PCA) by the priority date. The provided time sheets showed that the Beneficiary worked full-time for only 21 out of 36 months between July 2014 and June 2017, and no time sheets were provided for the period after June 2017 to prove the requisite hours. Furthermore, the Petitioner failed to provide documentary evidence of the Beneficiary's high school diploma or its foreign equivalent, a stated requirement on the labor certification.
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.
Physical Therapist
Healthcare
USCIS EB-3 dismissed
2024-09-17
The motion to reopen was dismissed because the Petitioner failed to demonstrate proper cause for reopening. The Petitioner did not address the prior summary dismissal of the appeal, nor did they provide evidence of a timely submitted brief for the initial appeal. Furthermore, the new evidence of the Beneficiary's physical therapy license was obtained in November 2023, eight months after the petition's filing date of March 2, 2023, thus not establishing eligibility as of the filing date.
Others
Healthcare
USCIS EB-3 rfe remanded
Virginia 2024-09-13
The AAO withdrew the Director's decision because the Petitioner's owner's Schedule C effectively served as the company's federal income tax return, fulfilling the regulatory evidence requirement for ability to pay. However, the case was remanded because the Petitioner failed to demonstrate continuous access to CD funds, did not provide details for combined wage requirements for multiple I-140 petitions, and its 'pending inactive' business status raised doubts about its intent to employ the beneficiary.
Registered Nurse
Healthcare
USCIS EB-3 remanded
Florida 2024-07-31
The decision was remanded because the Petitioner did not provide required financial documentation (annual reports, tax returns, or audited financial statements) for the priority date year to prove its ability to pay the proffered wage. Furthermore, the Petitioner must demonstrate the financial capacity to pay the wages for this Beneficiary in addition to more than 800 other pending or approved petitions filed within the last year.
Registered Nurse
Healthcare
USCIS EB-3 remanded
2024-07-11
The appeal was sustained to the extent of remanding because the Petitioner demonstrated by a preponderance of evidence that it timely responded to the NOIR. The AAO withdrew the revocation to allow the Director to review the previously unexamined response and enter a new decision. The core issue was a procedural error regarding the receipt of the Petitioner's rebuttal evidence.
Registered Nurse
Healthcare
USCIS EB-3 sustained
2024-05-28
The appeal was sustained because the Petitioner demonstrated compliance with 20 C.F.R. § 656.10(d)(3)(iv) by posting the NOF for at least 10 consecutive business days within the 30-to-180-day window before filing. The AAO determined the Director erred in the calculation of the required notice period. The evidence showed the notice was clearly visible and met all technical Department of Labor requirements for professional nurses.
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.