dismissed O-1B

dismissed O-1B Case: Photography

📅 Sep 29, 2017 👤 Company 📂 Photography

Decision Summary

The appeal was dismissed because the Director properly revoked the petition's approval. The petitioner admitted it failed to employ the beneficiary under the specified terms, specifically by not paying the promised annual salary of $70,000 due to financial hardship. Evidence showed the beneficiary was paid only $9,183 in one year, constituting a material change in employment that justified the revocation.

Criteria Discussed

Beneficiary No Longer Employed In The Specified Capacity Statement Of Facts In The Petition Was Not True And Correct Approval Of The Petition Involved Gross Error Material Change In Terms And Conditions Of Employment Evidentiary Criteria For Extraordinary Ability In The Arts

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