dismissed H-1B Case: Mechanical Engineering
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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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