H-1B Dismissed — Electrical Engineering (2017): the motion to reopen was denied because the new evidence

Decision Summary

The motion to reopen was denied because the new evidence submitted was insufficient to establish a valid employer-employee relationship at the time of filing. The petitioner failed to resolve discrepancies regarding its acquisition of the company that paid the beneficiary, and eligibility must be established at the time of filing, not based on subsequent events. The motion also did not address the other grounds for denial, namely the specialty occupation and Labor Condition Application (LCA) compliance issues.

Criteria Discussed

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