Dismissed
H-1B
H-1B Dismissed — Mechanical Engineering (2020): the motions to reopen and reconsider were dismissed
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
Specialty Occupation Motion To Reopen Motion To Reconsider Labor Condition Application (Lca) Ineffective Assistance Of Counsel
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