H-1B Dismissed — Unknown (2023): 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) from the Department of Labor before filing the H-1B petition, as required by regulation. The petitioner did not provide an LCA with a certification date that preceded the petition's filing date, and this failure was the basis for both the initial denial and the dismissal of the appeal.

Criteria Discussed

Sign up free to download the original PDF