H-1B Dismissed — Software Engineering (2020): did not establish the certified Labor Condition Application

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the certified Labor Condition Application (LCA) corresponded with the H-1B petition, as the selected Level II wage was incorrect for the position's experience requirements. Furthermore, the petitioner did not establish that it would maintain a valid employer-employee relationship with the beneficiary, who would be working at an end-client's location.

Criteria Discussed

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