sustained H-1B Case: Systems Analyst

8denWytng data de1ertd to 
preve~t dearly unwarranted 
invasion of awrs~nal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 'L 
FILE: WAC 02 272 54056 Office: CALIFORNIA SERVICE CENTER Date: c@@ 2 0 lW@ 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 1 10 l(a)(l5)(H)(i)(b) 
' ON BEHALF OF PETITIONER: 
\ INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 02 272 54056 
Page 2 
DISCUSSION: The nonimmigrant visa petition was approved by the California Service Center on April 3, 
2003. A Notice of Intent to Revoke (NOIR) was thereafter served on the petitioner. The director then revoked 
approval of the Eorm 1-129 petition on July 1,2004. The matter is now before the Administrative Appeals Office 
(AAO) on appeal: The appeal will be sustained. The petition will be approved. 
The petitioner is involved in the sales and rental of medicalhealth equipment and supplies. It seeks to employ the 
beneficiary as a systems analyst, and endeavors to classify him as a nonimrnigrant worker in a specialty 
occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 10 l(a)(l5>(H)(i)(b). 
The director revoked the Form 1-129 petition after determining that the petitioner failed to pay the beneficiary 
the full wage he was entitled to as stated in the Form 1-129 petition and Labor Condition Application (LCA) 
filed in conjunction with the petition. The initiating petition states that the beneficiary would be employed on 
a full time basis and paid an annual salary of $47,885. The record establishes, however, that the beneficiary 
was paid a salary of $23,040 in the year 2002, and $25,505.20 in 2003. As a result of these findings, the 
director issued a notice of intent to revoke (NOIR) on the grounds that the petitioner violated the terms and 
conditions of the approved petition. 
The petitioner responded to the NOIR stating, in part, that the reduction in wages resulted from an 
unanticipated reduction in business. The petitioner further asserts that the reduction in hours worked by the 
beneficiary is not a material change in the terms and conditions of the beneficiary's employment which 
affects eligibility for H-1B status, thereby requiring the petitioner to notify Citizenship and Immigration 
Services (CIS) of the change and to file a new petition reflecting the changes. The sole issue to be determined 
in these proceedings is whether the reduction in hours worked by the beneficiary represents a material change 
in the terms and conditions of the beneficiary's employment requiring the petitioner to notify CIS of those 
changes pursuant to 8 C.F.R. 5 2 14.2(h)(i)(II)(A). 
8 C.F.R. 5 214.2(h)(i)(II)(A) states in part that a petitioner shall immediately noti5/ CIS of any changes in the 
terms and conditions of employment of a beneficiary which may affect the beneficiary's eligibility under 
Section 101(a)(15)(H) of the Act. Pursuant to 8 C.F.R. 5 214.2(h)(2)(i)(E), a petitioner must file an amended 
petition to reflect any material change in the terms and conditions of an alien's employment. A material 
change is a change that directly impacts the alien's continued eligibility for H-1B classification. In this 
instance, the beneficiary continues to perform the same duties that he was originally approved to perform 
when the petition was filed. The only change that occurred was a reduction in the hours that he was permitted 
to work due to a downturn in business. The petitioner could have originally petitioned for the beneficiary to 
perform identical duties on a part-time basis, and the petition would have been approvable under identical 
circumstances. The fact that the beneficiary's hours were reduced does not impact his eligibility for H-1B 
classification. As such, no material change in the terms and conditions of employment occurred which 
necessitated notice to CIS or the filing of a new petition. The director's revocation must accordingly be 
overturned, and the petition approved. 
WAC 02 272 54056 
Page 3 
As always, the burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 5 1361. The petitioner has sustained that burden. 
ORDER: The appeal is sustained. The petition is approved.