dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) with the initial filing or in response to a Request for Evidence. The AAO did not accept the LCA submitted on appeal, stating that new evidence cannot be introduced for the first time on appeal after a deficiency has been identified. Furthermore, the LCA was certified after the petition was filed, and eligibility must be established at the time of filing.
Criteria Discussed
Submission Of Certified Labor Condition Application (Lca) Eligibility At Time Of Filing Submission Of Evidence On Appeal
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