EB-3

Consular zealotry knows no bounds.  That is the impression that I am getting after conducting a flurry of consultations on visa denials related to EB-3 cases. After an EB-3 immigrant visa is denied at the Embassy, the I-140 approved petition is referred back to USCIS for review, often with an accusation against the applicant about a supposed willful, material misrepresentation. Compounding the problem, sometimes the petitioner-employer in the US decides not to continue the process or the applicant changes his or her mind and decides to pursue other immigration options (e.g., if has a US citizen adult child).  But like that evil jack-in-the-box or Jason in Friday the 13th, the “bad guy” – the misrepresentation allegation in the form of a Section 212(a)(6)(C)(i) finding – pops up out of nowhere when you least expect it, years later when applying for a new, different visa.  This then complicates the ability to…

On this site we list 40 reasons an applicant for a student visa can be refused; 34 reasons for a visa denial under Section 214(b); 16 reasons for a K-1 visa refusal; and 14 reasons for an EB-3 visa denial. But not to be outdone, the US Citizenship and Immigration Services (USCIS), in its internal training materials, lists 31 reasons to deny an EB-13 multinational executive/manager immigrant petition; 7 reasons to deny a National Interest Waiver petition; 49 reasons to deny an EB-2 advanced degree/exceptional ability petition;  46 reasons to deny an EB-3 professional petition; 41 reasons to deny an EB-3 skilled workers petition; and 29 reasons to deny an EB-3 other workers petition.  These training materials, obtained as a result of filing a Freedom of Information Act request and suing USCIS, offer eye-opening details about the myriad of possible reasons that a petition can be denied. No wonder USCIS…