dismissed EB-3
Software Engineer
Software · 2024-06-13
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 metLabor Certification (Met)
The Petitioner obtained a certified labor application from the U.S. Department of Labor as required for the professional worker classification.
Why This Petition Was Denied
The appeal was dismissed as moot because the petition's approval remains automatically revoked. The revocation was based on the dissolution of the Petitioner's corporate entity status.
Evidence
Skills Required
- baccalaureate degree
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USCIS EB-3 rfe dismissed
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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.
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USCIS EB-3 rfe sustained
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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.
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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.
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: 2024-06-13.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 1
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
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