H-1B Dismissed — Engineering (2023): the eighth combined motion to reopen and reconsider was

Decision Summary

The eighth combined motion to reopen and reconsider was dismissed. The motion to reopen failed because the petitioner did not present new facts, merely repeating arguments from prior proceedings. The motion to reconsider was dismissed as the petitioner did not demonstrate an incorrect application of law, and fundamentally, the petition was unapprovable from the start because the required Labor Condition Application (LCA) was not certified before the H-1B petition was filed.

Criteria Discussed

Sign up free to download the original PDF