All Cases
4 cases · 1 approved / sustained · 2 denied / dismissed · 1 remanded
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.
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.
Software Engineer
Software
USCIS EB-3 dismissed
Michigan 2024-06-13
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.
Software Engineer
Software
USCIS EB-3 rfe dismissed
Nebraska 2022-08-02
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.