H-1B Dismissed — Information Technology (2006): did not establish compliance with the work location

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate compliance with the work location provision of the certified Labor Condition Application (LCA) at the time the petition was filed. The beneficiary was working in New Jersey for the petitioner's client, while the LCA and petition listed the work location as Salem, New Hampshire. Eligibility must be established at the time of filing, and the petitioner's inconsistent and contradictory evidence did not overcome this deficiency.

Criteria Discussed

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