dismissed H-1B Case: Pharmacy
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Decision Summary
The appeal was dismissed primarily due to an impermissible post-filing material change. The petitioner attempted to reclassify the proffered position from a JobZone 3 occupation ('Compliance Officers') to a JobZone 4 occupation ('Regulatory Affairs Specialists') in response to an RFE, which constitutes a material change. Consequently, the Labor Condition Application (LCA) filed for the original position did not correspond to or support the re-characterized role, which was a separate basis for denial.
Criteria Discussed
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