H-1B Dismissed — Information Technology (2020): did not meet a specific erroneous conclusion of law or

Decision Summary

The appeal was summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact in the director's decision. Additionally, the director correctly denied the petition because the initial Labor Condition Application (LCA) was invalid, as the petitioner used the wrong industry classification, resulting in a prevailing wage thousands of dollars below the correct amount. The petitioner's attempt to submit a new, corrected LCA on appeal was not permissible as eligibility must be established at the time of filing.

Criteria Discussed

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