H-1B Dismissed — Real Estate Development (2006): did not establish a certified Labor Condition Application

Decision Summary

The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) with the initial petition as required. The AAO found that eligibility must be established at the time of filing and rejected the petitioner's argument that the director should have requested the missing evidence before issuing a denial.

Criteria Discussed

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