Sustained
H-1B
H-1B Sustained — Physical Therapy (2006): the director's denial was based on alleged wage violations,
Decision Summary
The director's denial was based on alleged wage violations, document alteration, and misrepresentation of the petitioner as a staffing agency. The AAO overturned these findings, stating that wage violations are for the Department of Labor to investigate, the petitioner reasonably explained the contract modification, and submitted proof of its license as a home healthcare agency. The AAO then found the position of physical therapist qualifies as a specialty occupation, warranting approval.
Criteria Discussed
Specialty Occupation Definition (8 C.F.R. 214.2(H)(4)(Iii)(A)) Wage Requirement Violations (Ina 212(N)) Document Alteration (Ina 274C(A)) Petitioner'S Business Type (Staffing Agency Vs. Healthcare Provider)
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