H-1B Dismissed — Mechanical Engineering (2020): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because the petitioner failed to meet the procedural and evidentiary requirements to establish a claim of ineffective assistance of counsel under the Lozada framework. The petitioner did not provide sufficient evidence, such as a detailed description of the agreement with the initial attorney or a copy of the grievance complaint, to prove that the original, flawed Labor Condition Application (LCA) was the result of attorney error.

Criteria Discussed

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