H-1B Dismissed — Information Technology (2020): did not establish the availability of the specialty

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the availability of the specialty occupation work as specified in the original petition. The beneficiary's work assignment changed location and contractual path, which constituted a material change requiring a new or amended petition. Additionally, the new Labor Condition Application (LCA) for the changed assignment was certified after the petition was filed, failing to establish eligibility at the time of filing.

Criteria Discussed

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