EB-3 Remanded — Software Engineering (2019): the Director denied the petition because the beneficiary's

Decision Summary

The Director denied the petition because the beneficiary's job title and duties changed after two promotions, concluding the position was no longer the same as the one on the labor certification. The AAO found that minor changes in job duties alone do not invalidate the labor certification, as policy allows the position to be 'the same or similar.' The case was remanded for the Director to request evidence on the new position's salary, as a wage higher than the advertised range could invalidate the labor certification.

Criteria Discussed

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