EB-3 Remanded — Masonry (2008): the petitioner incorrectly filed for an EB-1A

Decision Summary

The petitioner incorrectly filed for an EB-1A (extraordinary ability) visa but submitted documentation, including a labor certification, that was consistent with an EB-3 skilled worker petition. The director denied the petition for failing to meet EB-1A standards without first issuing a Request for Evidence (RFE) to clarify the discrepancy. The AAO found that an RFE should have been issued and, since the petitioner confirmed the error on appeal, remanded the case to be properly adjudicated as an EB-3 petition.

Criteria Discussed

Sign up free to download the original PDF