All Cases
3 cases · 0 approved / sustained · 1 denied / dismissed · 2 remanded
Business Manager
Wholesale Trade
USCIS EB-3 dismissed
2024-09-06
The motions to reopen and reconsider were dismissed because the prior motion was untimely filed, received 34 days after the decision was mailed, exceeding the 33-day deadline. The Beneficiary failed to demonstrate the delay was reasonable and beyond their control, and their reliance on 8 C.F.R. § 103.8(b) regarding service by mail was misplaced, as filing date is based on actual receipt, not mailing.
Market Research Analyst
Wholesale Trade · Lebanon
USCIS EB-3 remanded
Nebraska 2023-07-18
The motion to reopen was granted because the Petitioner submitted new material evidence, including an educational equivalency evaluation and a detailed experience letter. The matter was remanded to the Director to evaluate whether this new evidence sufficiently demonstrates that the Beneficiary meets the specific education and experience requirements of the labor certification.
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.