H-1B Dismissed — Information Technology (2006): the petitioner failed to obtain a certified Labor Condition

Decision Summary

The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) prior to filing the Form I-129 petition. The petition was filed on December 14, 2000, but the LCA submitted in response to a request for evidence was not certified by the Department of Labor until December 29, 2000, rendering the petition ineligible at the time of filing.

Criteria Discussed

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