H-1B Dismissed — Music (2006): the petitioner failed to obtain a certified Labor Condition

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

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