dismissed EB-3 RFE Issued
Computer Software Engineer
Information Technology Consulting Company · 2022-07-12
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.
Framework Evaluation
0 of 1 criteria metAbility to Pay Proffered Wage (Not Met)
The Petitioner failed to submit required tax returns or audited financial statements to prove it could afford the $90,000 annual salary since 2011.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner did not establish a continuing ability to pay the proffered wage from the priority date of August 8, 2011, onward. Specifically, the Petitioner failed to submit the mandatory financial evidence required by 8 C.F.R. § 204.5(g)(2) and did not explain the unavailability of such records.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence of the company's ability to pay the wage; the petitioner responded with the beneficiary's personal tax transcripts rather than the company's financial records.
RFE Targets
Ability to Pay Proffered Wage
Evidence
Evidence Types
Reference Letters Dependent
Skills Required
- Baccalaureate degree
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Frequently Asked Questions
A dismissed EB-3 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: 2022-07-12.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 1
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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