Dismissed
H-1B
H-1B Dismissed — Unknown (2022): did not establish the certified Labor Condition Application
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the certified Labor Condition Application (LCA) properly corresponded with the position offered in the H-1B petition. The AAO confirmed that USCIS has the authority to review whether the LCA's details, such as the occupational classification and wage level, align with the petition's claims, independent of the Department of Labor's certification.
Criteria Discussed
Specialty Occupation Lca Correspondence With Petition Prevailing Wage Standard Occupational Classification (Soc) Code Wage Level
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