H-1B Dismissed — Information Technology (2020): the position offered to the beneficiary at the time of

Decision Summary

The appeal was dismissed because the position offered to the beneficiary at the time of filing no longer existed, as the project with the original end-client had been completed. The petitioner's attempt to substitute a new position with a different end-client and location was deemed a material change, and a petition cannot be approved based on a new set of facts that arise after filing. Furthermore, the original Labor Condition Application (LCA) did not correspond to the new place of employment.

Criteria Discussed

Sign up free to download the original PDF