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dismissed EB-3 RFE Issued

Software Engineer

Software Consulting Business · 2022-08-02

Decision Date
2022-08-02
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.

Framework Evaluation

1 of 2 criteria met
Educational Requirements (Met)

The Petitioner submitted sufficient evidence to establish the Beneficiary possesses the minimum educational requirement of a bachelor's degree.

Experience Requirements (Not Met)

The Petitioner failed to establish that the Beneficiary possessed the required 60 months of experience prior to the priority date due to inconsistent and insufficient documentation.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not provide independent, objective evidence to resolve discrepancies in the Beneficiary's work history. The record lacked sufficient documentation to prove the 60-month experience requirement mandated by the labor certification. Specifically, the evidence provided for the Beneficiary's tenure as a systems analyst was deemed inconsistent and lacked probative value.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested proof of the Beneficiary's qualifications; the response provided letters for only 37 months of the required 60 months of experience.

RFE Targets
Experience Requirements

Evidence

Evidence Types
Reference Letters Dependent
Skills Required
  • U.S. bachelor's degree (or foreign equivalent) in computer science or related field
  • 60 months of experience in the job offered
  • Experience as a software engineer, analyst, programmer, consultant, lead, architect, developer or manager

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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: 2022-08-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 2
Evidence Types 1

EB-3 Case Data

Scraped Case Data

Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64

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