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dismissed EB-2 (NIW) RFE Issued

Senior Java Software Engineer

Information Technology Consulting Services · India · 2023-09-18

Decision Date
2023-09-18
Location
Texas
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 intended to be employed as a senior Java software engineer for an IT consulting firm. The role involves design, development, testing, and implementation in MVC architecture using J2EE, JSP, JDBC, OOA/OOD, Rational Rose, XML, and deploying EJBs on Weblogic/Websphere application servers.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the Beneficiary had the required two years of experience as of the 2008 priority date. USCIS found material inconsistencies in job duties between a 2010 visa application and employer letters, and determined that the Petitioner failed to prove the unavailability of primary evidence (employer letters) before submitting secondary evidence (affidavits).

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOIR regarding inconsistencies in the Beneficiary's employment history and the validity of his experience. The Petitioner responded with co-worker affidavits and SEC documents, but failed to resolve the discrepancies or prove primary evidence was unavailable.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

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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: 2023-09-18.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in India All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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