EB-3 Remanded — Data Management (2023): the Director denied the petition, finding that the new role

Decision Summary

The Director denied the petition, finding that the new role of 'Manager, Data Management' constituted a material change from the 'Senior Programmer Analyst' position described in the original 2012 labor certification, citing different duties and a significantly higher salary. The Petitioner argued the new role was a normal career progression. The AAO withdrew the Director's decision and remanded the case for a new decision, requiring further consideration of whether the job change invalidated the original labor certification.

Criteria Discussed

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