dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 16919508 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUL. 19, 2021 
The Petitioner, an information technology consulting firm, seeks to temporarily employ the Beneficiary 
as a "computer programmer" under the H-1B nonimmigrant classification for specialty occupations. 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). 
The H-1B program allows a U.S. employer to temporarily employ a qualified foreign worker in a 
position that requires both (a) the theoretical and practical application of a body of highly specialized 
knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center approved the petition but did so by issuing a Limited 
Validity Notice. Though the Petitioner had requested on the Form 1-129 that the petition be approved 
through May 5, 2023, the Director only approved the petition through November 25, 2020. On appeal, 
the Petitioner requests that the petition be approved through May 5, 2023. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Chawathe, 25 l&N 
Dec. 369, 375 (AAO 2010). We review the questions in this matter de nova. See Matter of Christo 's 
Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, we will dismiss the appeal. 
I. DISCUSSION 
As part of the H-1B process, a petitioner is required to obtain a certified labor condition application (LCA) 
from the Department of Labor prior to filing the H-1B petition with U.S. Citizenship and Immigration 
Services. Section 212(n) of the Act, 8 U.S.C. § 1182(n); 8 C.F.R. § 214.2(h)(4)(i)(B)(l). Critically, the 
regulation at 8 C.F.R. § 214.2(h)(9)(iii)(A)(l) states that an H-1B petition "shall be valid for a period 
of up to three years but may not exceed the validity period of the labor condition application" 
(emphasis added). 
Though the Petitioner requested validity dates running from June 25, 2018 to May 5, 2023 on the Form 
1-129, it submitted an LCA certified for a period of employment that began February 28, 2020 and 
ended November 15, 2020. After determining that the petition was approvable, the Director correctly 
disregarded the dates provided on the Form 1-129 and instead utilized the dates provided on the LCA 
when calculating the approved petition's validity dates m accordance with 8 C.F.R. 
§ 214.2(h)(9)(iii)(A)(1). 
Though we acknowledge the Petitioner's statements on appeal that the "dates submitted on the Form 
1-129 were correct," and that those on the LCA were not, the Petitioner has identified no legal authority 
by which we are permitted waive the requirements of 8 C.F.R. § 214.2(h)(9)(iii)(A)(1). The Director's 
decision to issue a limited approval notice was therefore correct and it will stand undisturbed. 
11. CONCLUSION 
The appeal will be dismissed as the petition's limited validity dates correspond with the LCA validity 
period. 
ORDER: The appeal is dismissed. 
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