H-1B Dismissed — Software Consulting (2005): did not establish eligibility at the time the petition was

Decision Summary

The appeal was dismissed because the petitioner failed to establish eligibility at the time the petition was filed. The Labor Condition Application (LCA) for the beneficiary's new work location was certified after the petition's filing date, which is impermissible. The AAO also noted that the petitioner failed to provide a sufficiently detailed description of the beneficiary's duties to establish that the position qualified as a specialty occupation.

Criteria Discussed

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