EB-3 Sustained — Software Engineering (2023): the Director initially denied the petition, concluding the

Decision Summary

The Director initially denied the petition, concluding the petitioner did not demonstrate the intent to pay the required prevailing wage because the initial filing listed a lower amount. The appeal was sustained because the petitioner provided sufficient evidence, including a prior petition and a credible explanation, to show that listing the beneficiary's current salary instead of the proffered wage was an inadvertent error and that the company did intend to pay the required amount.

Criteria Discussed

Sign up free to download the original PDF