dismissed
H-1B
dismissed H-1B Case: Chemical Engineering
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Decision Summary
The appeal was dismissed because the beneficiary's work assignment changed to a new end-client after the petition was filed, constituting a material change in employment. The petitioner failed to establish eligibility at the time of filing for the original position, and the new Labor Condition Application (LCA) for the subsequent position was certified after the petition was filed, which is not permissible.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Material Change In Employment Eligibility At Time Of Filing Valid Labor Condition Application (Lca)
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