Sustained
EB-3
EB-3 Sustained — Computer Science: the Director revoked the petition, suspecting fraud because
Decision Summary
The Director revoked the petition, suspecting fraud because the beneficiary's actual wages were lower than the proffered wage before his adjustment of status. The AAO sustained the appeal, reasoning that the petitioner is only obligated to pay the full proffered wage after the beneficiary becomes a permanent resident, and there was insufficient evidence to prove the petitioner lacked the intent to do so.
Criteria Discussed
Intent To Employ Under Terms Of Labor Certification Proffered Wage Payment Fraud Or Material Misrepresentation Revocation Of An Approved Petition
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