H-1B Dismissed — Information Technology (2004): did not establish certified Labor Condition Application

Decision Summary

The appeal was dismissed because the petitioner failed to submit the required certified Labor Condition Application (LCA) with the initial filing and did not provide it in response to a request for evidence. The LCA submitted on appeal was not accepted because new evidence is not considered when the petitioner was already given an opportunity to correct the deficiency, and it was certified after the petition was filed, failing to establish eligibility at the time of filing.

Criteria Discussed

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