Visalytics
Visalytics
sustained EB-3 RFE Issued

Software Engineer

Information Technology Staff And Services · 2024-10-02

Decision Date
2024-10-02
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

1 of 1 criteria met
Employer Ability to Pay (Met)

The Petitioner demonstrated its ability to pay the proffered wage by showing that it paid the Beneficiary $92,400 in 2022, exceeding the $85,842 annual proffered wage, and submitted the required federal tax return.

Why This Petition Was Approved

The Director denied the petition due to the Petitioner's failure to demonstrate its ability to pay the proffered wage. The AAO sustained the appeal, determining that the Petitioner met the regulatory requirements by paying the Beneficiary $92,400 in 2022, which exceeded the $85,842 annual proffered wage, and by submitting its 2022 federal income tax return as required evidence.

Request for Evidence (RFE)

Successfully Addressed

The Director requested additional evidence regarding the Petitioner's ability to pay the proffered wage. The Petitioner responded by providing the Beneficiary's 2022 Form W-2, showing wages paid, and the company's 2022 federal income tax return.

RFE Targets
Employer Ability to Pay

Similar Cases

Software Engineer

Information Technology

USCIS EB-3 rfe dismissed
2022-07-12
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.

Software Engineer

Software

USCIS EB-3 rfe sustained
2024-08-21
The appeal was sustained because the Petitioner provided sufficient financial documentation, including annual reports and SEC filings, to prove it could cover the proffered wage from the priority date. Since the Beneficiary was already being paid above the proffered wage, the Petitioner did not need to further demonstrate the ability to pay combined wages for multiple petitions under specific policy guidelines. The 2022 and 2023 annual reports reflected net income far exceeding the required amounts.

Software Engineer

Financial Services

USCIS EB-3 sustained
2023-01-17
The appeal was sustained because a preponderance of evidence established the Petitioner's intent to pay the required prevailing wage. The Petitioner successfully amended the filing and provided a credible explanation for the initial clerical error regarding the salary.

Systems Analyst

Software

USCIS EB-3 remanded
2024-08-13
The Director denied the petition because the Petitioner's 2022 financial statements showed negative net income and net current assets, failing to cover the $146,682 proffered wage. The AAO remanded the case because the Director did not consider other factors like the company's prior profitability and uncharacteristic acquisition liabilities, nor did the Director assess the Petitioner's ability to pay the combined wages for multiple pending or approved petitions.

Frequently Asked Questions

A sustained EB-3 (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

Browse More Cases

More sustained cases More Information Technology cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-02.

Browse all cases

At a Glance

Outcome sustained
RFE Issued
Criteria Met 1 / 1

EB-3 Case Data

Scraped Case Data

Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63

Related Pages

EB-3 Overview All EB-3 Cases EB-3 Dashboard

Get Case Insights

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

Join Waitlist