H-1B Dismissed — Systems Analyst (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) with the petition at the time of filing. The regulations require that the LCA be certified *before* the H-1B petition is filed, and the petitioner submitted an LCA that was certified after the filing date, thus failing to establish eligibility when the petition was filed.

Criteria Discussed

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