EB-2 NIW Dismissed — Nursing (2011): did not establish the beneficiary's eligibility for the
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Decision Summary
The appeal was dismissed because the petitioner failed to establish the beneficiary's eligibility for the underlying EB-2 classification. The AAO found that registered nurse is not a 'profession' as it does not require a baccalaureate degree for entry, and the beneficiary could not demonstrate the required five years of post-baccalaureate experience to be considered as holding an advanced degree equivalent. The arguments for the national interest waiver were also rejected as an attempt to bypass the visa backlogs for the EB-3 category where nurses typically fall.
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