Dismissed
H-1B
H-1B Dismissed — Construction Management (2024): the petitioner's certified Labor Condition Application
Decision Summary
The appeal was dismissed because the petitioner's certified Labor Condition Application (LCA) did not correspond with the H-1B petition. The Director correctly determined that the petitioner's requirement for a master's degree for the Construction Manager position warranted a higher wage level (Level II) than the Level I designated on the LCA, making the offered salary deficient. A new LCA submitted on appeal could not be considered as it represented a material change after the initial filing.
Criteria Discussed
Lca Correspondence With Petition Prevailing Wage Determination Minimum Education Requirements For Wage Level Material Changes On Appeal
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