EB-3 Sustained — Barbering: the initial approval was revoked after an investigation

Decision Summary

The initial approval was revoked after an investigation suggested the petitioner paid employees on a commission basis, making the salaried job offer appear speculative. The AAO sustained the appeal because the petitioner provided evidence of its ability to pay the proffered wage at the time of filing and affirmed its intent to abide by the terms of the labor certification for the beneficiary, even if other employees chose a commission-based payment structure.

Criteria Discussed

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