H-1B Dismissed — Accounting (2016): the petitioner did not have a certified Labor Condition

Decision Summary

The appeal was dismissed because the petitioner did not have a certified Labor Condition Application (LCA) for the requested employment period at the time the H-1B petition was filed. The petitioner submitted an expired LCA with the petition and a new LCA that was certified after the filing date, but regulations require that eligibility must be established at the time of filing.

Criteria Discussed

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