All Cases
5 cases · 1 approved / sustained · 2 denied / dismissed · 2 remanded
Web Developer
Information Technology
USCIS EB-3 rfe remanded
2024-11-07
The motion to reconsider was granted regarding the Petitioner's intent to employ the Beneficiary permanently, as the evidence, including a letter stating 'full-time, permanent basis for the foreseeable future,' was deemed sufficient. However, the case was remanded because the Petitioner failed to provide sufficient evidence of its ability to pay the proffered wage of $93,600 annually for 2017 and 2018, as required by regulation.
Software Engineer
Information Technology
USCIS EB-3 rfe sustained
2024-10-02
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.
Director
Information Technology
USCIS EB-3 rfe dismissed
2023-01-03
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.
Database Administrator
Information Technology
USCIS EB-3 remanded
2022-10-03
The Director erred by applying the incorrect legal standard for an advanced degree professional when the petitioner requested EB-3 professional classification. The matter is remanded to evaluate the Beneficiary's qualifications, specifically whether the experience gained with the Petitioner is 'substantially different' from the offered job as required by 20 C.F.R. § 656.17(i)(3).
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.