sustained
H-1B
sustained H-1B Case: Systems Analyst
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Decision Summary
The director revoked the petition because the petitioner paid the beneficiary less than the proffered wage. The AAO sustained the appeal, finding that the lower pay resulted from a reduction in work hours due to a business downturn. This change was deemed not to be a material change affecting the beneficiary's eligibility for H-1B classification, and therefore did not require the petitioner to file an amended petition.
Criteria Discussed
Material Change In Terms And Conditions Of Employment Proffered Wage Compliance Reduction In Work Hours Requirement To File An Amended Petition
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