All Cases
86 cases · 8 approved / sustained · 48 denied / dismissed · 30 remanded
Baker
Food and Beverage
USCIS EB-3 remanded
The AAO withdrew the findings of misrepresentation and lack of bona fide opportunity because the petitioner documented recruitment efforts that yielded no U.S. applicants. However, the matter was remanded because the petitioner's statements suggested the job was temporary, which contradicts the requirement for a permanent position. Additionally, the beneficiary's qualifications must be re-evaluated due to the non-probative nature of an experience letter provided by a relative.
2025-03-11
Retail Sales Associate
Retail
USCIS EB-3 remanded
The AAO remanded the case because the Director failed to issue an RFE or NOID before denial, violating procedural policy. Furthermore, the Director did not properly consider the 'totality of the circumstances' under Matter of Sonegawa, including the Petitioner's historical gross sales and business growth.
2025-03-06
Home Health Aide
Healthcare
USCIS EB-3 dismissed
Wisconsin
The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. The AAO determined that the LLC is a separate legal entity from its owners, meaning personal assets cannot be used to satisfy the requirement, and future revenue projections from facility expansion were insufficiently documented.
2025-02-21
Others
Food and Beverage · Uzbekistan
USCIS EB-3 remanded
The AAO withdrew the revocation because the record lacked sufficient evidence that the Petitioner violated 20 C.F.R. § 656.12(b) regarding payments for labor certification. Furthermore, the Director's decision did not explain the specific reasons for the revocation based on intent, violating 8 C.F.R. § 205.2(c). The matter was remanded for the Director to provide a new decision with a proper explanation of the facts and evidence.
2025-02-21
Others
Real Estate
USCIS EB-3 rfe dismissed
California
The appeal was dismissed because the LLC did not provide evidence of sufficient net income or net current assets to cover the proffered wage. The petitioner’s argument to include the owner's personal finances based on California labor law was rejected as the LLC is the legal employer, not the individual owner. The evidence failed to meet the requirements of 8 C.F.R. § 204.5(g)(2) regarding the prospective employer's ability to pay.
2025-02-21
Others
Logistics · South Korea
USCIS EB-3 rfe dismissed
California
The appeal was dismissed because the petitioner did not demonstrate a valid intent to employ the beneficiary at the time of approval, as the business was legally suspended. Furthermore, discrepancies between tax returns and payroll records cast doubt on the petitioner's actual business operations and staffing.
2025-02-18
Accountant
Financial Services
USCIS EB-3 dismissed
The motions were dismissed because the Petitioner failed to present new facts for the motion to reopen and did not establish a misapplication of law or policy for the motion to reconsider. The AAO ruled that there is no constitutionally protected property interest in an approved I-140 petition, and therefore no due process violation occurred. Furthermore, the legal precedent cited by the Petitioner regarding notice to beneficiaries was found inapplicable.
2025-01-31
Others
Hospitality
USCIS EB-3 rfe dismissed
The petition was denied because the Petitioner did not provide the mandatory financial evidence required by 8 C.F.R. § 204.5(g)(2), such as tax returns or audited statements. While the Petitioner showed it had paid the Beneficiary above the proffered wage, USCIS policy and regulations dictate that such evidence does not waive the requirement for primary financial documentation. The Petitioner failed to establish its ability to pay the proffered wage from the priority date of March 29, 2022.
2025-01-06
Teacher
Education · Mexico
USCIS EB-3 rfe dismissed
The Petitioner failed to demonstrate that the Beneficiary met the minimum educational requirements of a bachelor's degree in elementary education as specified on the labor certification. The school's claim that they would accept any field of study was contradicted by their own 'No' response regarding alternate fields of study on the DOL form. Consequently, the Beneficiary does not qualify for the EB-3 professional category for this specific role.
2024-12-23
Others
Food and Beverage
USCIS EB-3 remanded
The Petitioner established that the motions were filed at the designated USCIS address based on website printouts and commercial delivery tracking. The AAO withdrew the Director's dismissal and remanded the case for a decision on the merits of the motions.
2024-11-21