H-1B Dismissed — Automotive Parts (2021): the petitioner attempted to make material changes to the

Decision Summary

The appeal was dismissed because the petitioner attempted to make material changes to the position, including altering duties and increasing the salary and wage level, after the petition was denied. The AAO affirmed that eligibility must be established at the time of filing and that such post-denial changes are not permissible. Furthermore, the petitioner did not establish that the Director's initial decision that the position did not qualify as a specialty occupation was based on an incorrect application of law.

Criteria Discussed

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