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If the Labor Certification Application is denied, can an employer still file the H2B petition with USCIS?

April 26, 2017application Certification Denied employer file h2b labor petition USCIS

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If the Labor Certification Application is denied, can an employer still file the H2B petition with USCIS?

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Yes. The denial is not binding and the USCIS may override the Department of Labour decision.