H-1B Dismissed — Semiconductor Design (2020): did not establish eligibility at the time of filing due to

Decision Summary

The appeal was dismissed because the petitioner failed to establish eligibility at the time of filing due to an invalid Labor Condition Application (LCA). The petitioner did not provide sufficient evidence to prove it was not an H-1B dependent employer, failing to resolve inconsistencies with USCIS records regarding the number of its H-1B employees. The AAO also noted that the petitioner had not established that the position qualified as a specialty occupation.

Criteria Discussed

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