H-1B Dismissed — Software Development (2007): the petitioner failed to obtain a certified Labor Condition

Decision Summary

The appeal was dismissed because the petitioner failed to obtain a certified Labor Condition Application (LCA) for the correct work location prior to the filing of the petition. The LCA submitted in response to a request for evidence was certified after the petition's filing date, and thus could not establish eligibility at the time of filing.

Criteria Discussed

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