How common are denied EB-3 petitions?

EB-3 petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the IT industry affect EB-3 petition outcomes?

The IT sector has unique considerations for EB-3 petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-3 RFE Issued

Senior Director, IT

IT · 2023-01-03

Decision Date

2023-01-03

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 met

Valid Labor Certification (Not Met)

The labor certification was found invalid for the offered position because the job duties and salary for 'Senior Director, IT' were materially different from the certified 'Database Architect' role.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not prove the labor certification remained valid for the materially changed job opportunity. The transition from a technical role to a senior director role involved different duties and a significantly higher salary than what was advertised during the labor market test. Consequently, the Petitioner failed to meet the burden of showing the offered position was the same or similar to the certified one.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested clarification on why the job title on the petition differed from the labor certification and asked for a comparison of duties. The Petitioner's response failed to provide a sufficient breakdown of time or explain the shift from technical development to executive oversight.

RFE Targets

Valid Labor Certification

Evidence

Evidence Types

Reference Letters Dependent

Skills Required

Baccalaureate degree
Oracle database architectural strategies
Modeling, design and implementation
Database operational strategy
Infrastructure procedures
Data security standard procedures
RDBMS standards (Oracle, MySQL)
Archival and purge process development
Applications programming/analysis
Enterprise systems development and administration

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-01-03.

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At 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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