H-1B Dismissed — Pharmacy (2022): the appeal was dismissed primarily due to an impermissible

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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