remanded EB-3 Case: Masonry
Avoid this EB-3 denial in your own petition.
No credit card. Generate your first draft in minutes.
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
Downloaded the case? Use it in your next draft →Draft your EB-3 petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.