EB-3 Sustained — Landscaping (2005): the director denied the petition due to contradictions

Decision Summary

The director denied the petition due to contradictions regarding the beneficiary's weekly hours worked in a prior position (40 hours claimed vs. 20 hours on the ETA 750) and a lack of payroll evidence. The appeal was sustained because the petitioner provided new letters and an affidavit successfully explaining that the 20-hour entry was a scrivener's error and that the beneficiary did in fact work the required full-time hours to qualify.

Criteria Discussed

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