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) from the Department of Labor prior to filing the H-1B petition. The regulations require that the LCA must be certified before the petition is filed, but in this case, the petition was filed on September 24, 2003, while the LCA was not certified until January 26, 2004, rendering the petition ineligible at the time of filing.

Criteria Discussed

Sign up free to download the original PDF