H-1B Dismissed — Software Engineering (2019): the submitted Labor Condition Application (LCA) did not

Decision Summary

The appeal was dismissed because the submitted Labor Condition Application (LCA) did not correspond with the H-1B petition. The petitioner's stated experience requirement for the position (5 to 7 years) was higher than what is allowed for the Level II wage indicated on the LCA, necessitating a higher prevailing wage level. Because the petitioner did not establish that the LCA supported the proffered position's actual requirements, the petition could not be approved.

Criteria Discussed

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