All Cases
10 cases · 1 approved / sustained · 5 denied / dismissed · 4 remanded
Sales Representative
Retail
USCIS EB-3 remanded
2025-03-06
The Director's decision was withdrawn and the matter remanded because USCIS failed to issue an RFE or NOID, denying the Petitioner an opportunity to submit additional evidence. The Director also did not fully consider the totality of the circumstances regarding the Petitioner's ability to pay the proffered wage, as required by Matter of Sonegawa. The case requires further review of the evidence and a new decision.
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.
Business Analyst
Retail · China
USCIS EB-3 rfe sustained
2024-10-08
The appeal was sustained because a preponderance of evidence demonstrated that the Beneficiary's graduate field of environmental health sciences relates to the job's acceptable degree discipline of statistics. This conclusion was supported by curriculum overlap in data analysis and statistical programming, satisfying the educational requirements for the EB-3 professional category.
Retail Sales Associate
Retail
USCIS EB-3 rfe dismissed
1688 days 2024-09-20
The appeal was dismissed because the Petitioner's business ceased operations in 2019, rendering the job offer not bona fide at the time the I-140 petition was filed in February 2020. The Petitioner also made material misrepresentations on the I-140 form regarding the full-time and permanent nature of the position. The argument for job portability was rejected as the underlying petition was not valid to begin with.
Store Manager
Retail · Pakistan
USCIS EB-3 rfe dismissed
2024-09-18
The appeal was dismissed because the Petitioner did not provide sufficient independent, objective evidence to corroborate the Beneficiary's claimed full-time work experience in Pakistan, which was necessary to meet the 24 months of required experience. The Beneficiary's prior U.S. visitor visa application, where he stated no previous employment, created an inconsistency that required more than just employer letters to resolve.
Bookkeeper
Retail
USCIS EB-3 rfe remanded
2024-07-05
The AAO withdrew the Director's decision because it failed to address the Petitioner's response to the Notice of Intent to Deny (NOID). The matter was remanded to evaluate the totality of circumstances regarding the bona fide job offer and to resolve whether the Beneficiary meets the minimum experience requirements.
Store Manager
Retail
USCIS EB-3 dismissed
2024-07-05
The motion to reopen was dismissed because it failed to state new facts and only contained previously submitted materials. The motion to reconsider was dismissed because it did not demonstrate a misapplication of law or policy in the prior decision. The Petitioner failed to meet EB-3 requirements regarding the ability to pay and the beneficiary's qualifications.
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.
Bookkeeper
Retail
USCIS EB-3 remanded
2024-02-20
The Director's initial denial regarding the beneficiary's qualifications was withdrawn because the evidence supported the required 24 months of experience. However, the case was remanded because the Petitioner failed to provide regulatory-required evidence (8 C.F.R. § 204.5(g)(2)) to demonstrate the ability to pay the proffered wage from the 2020 priority date onward.
Store Manager
Retail · Pakistan
USCIS EB-3 remanded
Texas 2022-09-29
The AAO withdrew the revocation because the NAICS code error did not materially change the job opportunity, which remained a retail management position. The case was remanded to evaluate the Beneficiary's qualifying experience and the Petitioner's ability to pay the $56,389 proffered wage. Specifically, the record showed insufficient net income and net assets in 2017 to cover the wage.