H-1B Sustained — Systems Analyst (2005): the director revoked the petition because the petitioner

Decision Summary

The director revoked the petition because the petitioner paid the beneficiary less than the proffered wage due to a reduction in hours. The AAO sustained the appeal, concluding that a reduction in hours for the same position does not constitute a 'material change' in the terms of employment that would affect H-1B eligibility, as part-time employment would have been approvable.

Criteria Discussed

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