H-1B Dismissed — Business Education (2007): the petitioner failed to obtain a certified Labor Condition

Decision Summary

The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the Form I-129 petition, as required by regulations. The petition was filed on August 9, 2005, but the submitted LCA was not certified until October 13, 2005, rendering the petition ineligible for approval at the time of filing.

Criteria Discussed

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