dismissed EB-2 (NIW) RFE Issued
Director Of Software Engineering
Healthcare Technology Company · 2023-11-08
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 Petitioner, a healthcare technology company, seeks to employ the Beneficiary as its Director of Software Engineering to lead its software development initiatives.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to demonstrate the ability to pay the proffered wage of $169,312. Financial records for 2021 showed a net income of -$287,099 and net current assets of -$1,791,236, and the Petitioner failed to provide required primary evidence such as filed tax returns or audited financial statements.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested primary evidence of the ability to pay the proffered wage, such as tax returns or audited statements. The petitioner provided unaudited statements and a draft return, which did not satisfy the regulatory requirements.
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-11-08.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672
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