dismissed H-1B Case: Mechanical Engineering
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Decision Summary
The motions to reopen and reconsider were dismissed. The AAO determined the petitioner did not meet the procedural requirements for filing the motions, such as providing a statement on judicial proceedings. Substantively, the motions failed to overcome the prior decision, which found that a new Labor Condition Application (LCA) introduced a material change (an experience requirement) inconsistent with a Level I wage and that the petitioner had not established the position as a specialty occupation.
Criteria Discussed
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