EB-3 Dismissed — Healthcare (2023): did not establish the beneficiary met the minimum training

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary met the minimum training requirements listed on the ETA Form 9089 labor certification. The certification required 'at least 2 months post-high school Nursing Assistant training,' but the evidence submitted showed a training program lasting only 45 days. The AAO found that this did not satisfy the plain language of the job requirements, and therefore the beneficiary was not qualified for the position.

Criteria Discussed

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