Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Senior Software Engineer

Software · 2022-08-23

Decision Date
2022-08-23
Location
Nebraska
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 Software Engineer, focusing on software engineering duties including technical development and potentially software architecture within the petitioner's organization.

Why This Petition Was Denied

The appeal was dismissed because the job title, salary ($156,765.71 vs $139,351.16), and educational requirements in the petition did not match the underlying labor certification. The Petitioner's own job posting for the senior role required different experience and education levels than the Master's degree specified in the DOL certification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on why the job title and level in the petition differed from the labor certification. The petitioner responded that it was a normal career progression, but the response was found insufficient due to differing requirements.

Similar Cases

Software Engineer

Information Technology

USCIS EB-2 (NIW) dismissed
2022-07-06
The Beneficiary seeks to be employed as a software engineer. The role requires 60 months of post-baccalaureate experience in the job offered or in a mid to senior IT profession.

Others

Software

USCIS EB-2 (NIW) rfe dismissed
Delaware 2022-08-09
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.

Software Developer

Manufacturing

USCIS EB-2 (NIW) dismissed
2024-12-02
The appeal was dismissed because the Administrative Appeals Office (AAO) found that the Director's interpretation of the labor certification's plain language was correct. The labor certification's part H.14 explicitly stated a five-year experience requirement for specific duties and technologies, which the Beneficiary did not meet. The AAO determined there was no ambiguity in the language, thus precluding consideration of the Petitioner's additional evidence or claimed intent regarding an alternate three-year experience criterion.

Software Engineer

Information Technology · India

USCIS EB-2 (NIW) rfe dismissed
Texas 2023-09-18
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.

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

More dismissed cases More Software cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-08-23.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist