Case of M.R.

M lied at her H-1B visa interview: she stated that she was working at her employer’s office, but in fact she was working at home. As a result, the consul imposed a 212(a)(6)(C)(i) decision on her. She then retained our firm. We argued that her home and the employer’s office were located in the same Metropolitan Statistical Area (MSA), and so for H-1B and Labor Condition Application purposes, the prevailing wage was the same, i.e., her misrepresentation was not material. After a brief review, the misrepresentation decision was rescinded.