H-1B Dismissed — Education (2005): 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 regulation. The petition was filed on September 24, 2003, but the supporting LCA was not certified until January 26, 2004, thus failing to establish eligibility at the time of filing.

Criteria Discussed

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