Dismissed
H-1B
H-1B Dismissed — Information Technology: did not establish eligibility at the time of filing
Decision Summary
The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing. The Labor Condition Application (LCA) submitted with the petition was for a worksite in Kalamazoo, Missouri, while the beneficiary's actual place of employment was in Mount Laurel, New Jersey. The attempt to submit a corrected LCA on appeal could not cure this fundamental defect, as eligibility must be established when the petition is initially filed.
Criteria Discussed
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(B)(1) Labor Condition Application (Lca) Requirement Eligibility At The Time Of Filing
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