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dismissed EB-2 (NIW) RFE Issued

Staff Front End QA Engineer

Computer Software Company ยท 2022-08-09

Decision Date
2022-08-09
Location
Delaware
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The Beneficiary is sought to be employed as a Staff Front End QA Engineer for a computer software company. The role involves quality assurance responsibilities for front-end software development.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to prove it was a successor-in-interest to the original labor certification filer under Matter of Dial Auto Repair Shop, Inc. There were unresolved inconsistencies regarding whether the acquisition occurred in 2016 or 2017, and the Petitioner failed to provide requested Articles of Acquisition. Consequently, the Petitioner could not use the predecessor's labor certification, and the ability to pay was not fully established.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence of the transfer and assumption of ownership, including the Articles of Acquisition. The Petitioner provided stock purchase agreements and media reports, but these did not sufficiently document the legal transfer of the business unit.

RFE Targets
successor-in-interest relationship

Evidence

Evidence Types
Media Coverage

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-08-09.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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