H-1B Remanded — Electronics Engineering (2006): the director denied the petition due to a discrepancy

Decision Summary

The director denied the petition due to a discrepancy between the proffered salary and the actual wages paid, alleging misrepresentation. The AAO found that while this was a material issue, it was not a proper basis for denial by USCIS. The correct procedure is to remand the case and instruct the service center to file a complaint with the Department of Labor (DOL) to investigate the potential Labor Condition Application (LCA) violation.

Criteria Discussed

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