H-1B Dismissed — Marketing (2007): 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) from the Department of Labor prior to filing the H-1B petition, a mandatory requirement. Submitting an LCA that was certified after the petition's filing date did not cure the defect, as eligibility must be established at the time of filing.

Criteria Discussed

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