Dismissed
EB-2
EB-2 Dismissed — Nursing: the job offer, as stated on the Form ETA 9089, did not
Decision Summary
The appeal was dismissed because the job offer, as stated on the Form ETA 9089, did not require an advanced degree or an alien of exceptional ability, which is a fundamental requirement for this visa category. The director also noted, and the AAO agreed, that the petitioner (a staffing agency) failed to establish it had a bona fide, permanent job offer for the beneficiary and did not prove its ability to pay the proffered wage.
Criteria Discussed
Advanced Degree Or Exceptional Ability Job Requirement Bona Fide Job Offer Ability To Pay Proffered Wage Proper Employer Filing
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more EB-2 decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →