H-1B Dismissed — Systems Analysis (2006): did not establish a certified Labor Condition Application

Decision Summary

The appeal was dismissed because the petitioner failed to submit a certified Labor Condition Application (LCA) at the time the petition was filed, as required by regulation. The petitioner submitted an uncertified LCA with the petition and only provided a certified one, dated after the petition's filing date, in response to a request for evidence, which is not permissible as eligibility must be established at the time of filing.

Criteria Discussed

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