dismissed
EB-3
dismissed EB-3 Case: Dance
Decision Summary
The appeal was dismissed because the petitioner filed under the third preference skilled worker classification but sought a Schedule A designation, for which it did not qualify under that category. The petitioner's attempt to change the visa classification to first preference extraordinary ability on appeal was not permitted, as a petition cannot be materially changed after a decision has been made.
Criteria Discussed
Eb-3 Skilled Worker Schedule A Designation Change Of Classification On Appeal Extraordinary Ability (Eb-1A) Exceptional Ability (Eb-2)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.