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

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

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