dismissed
H-1B
dismissed H-1B Case: Music
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Decision Summary
The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) before filing the H-1B petition, as required by regulation. The record shows the petition was filed in April 2005, but the LCA was not certified until August 2005. The AAO found this procedural error to be a valid basis for denial and noted there is no discretionary relief for this requirement.
Criteria Discussed
Timely Filing Of Certified Labor Condition Application (Lca)
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