H-1B Dismissed — Computer Science (2023): did not establish it was not an H-1B dependent employer

Decision Summary

The appeal was dismissed because the petitioner failed to prove it was not an H-1B dependent employer. Although the AAO found that the proffered position did qualify as a specialty occupation, the petitioner did not provide evidence requested by the Director to resolve discrepancies regarding its H-1B dependency status, meaning the Labor Condition Application (LCA) did not correspond with the petition.

Criteria Discussed

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