EB-2 Dismissed — Nursing (2013): did not establish the beneficiary, a nurse, possesses 'a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary, a nurse, possesses 'a degree of expertise significantly above that ordinarily encountered,' the regulatory standard for exceptional ability. The director found the evidence insufficient and the labor certification improper. The AAO conducted a de novo review and upheld the director's conclusion, finding the petitioner had not demonstrated the beneficiary's eligibility for the classification sought.

Criteria Discussed

Sign up free to download the original PDF