dismissed
EB-3
dismissed EB-3 Case: Nursing
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Decision Summary
The director denied the petition because the petitioner failed to properly post the job notice for the required duration (ten consecutive business days) and within the required timeframe (30 to 180 days prior to filing). On appeal, the petitioner attempted to submit new evidence of different posting dates, but the AAO held that a petitioner must establish eligibility at the time of filing and cannot cure a deficient petition on appeal.
Criteria Discussed
Schedule A Labor Certification Job Posting Requirements Ability To Pay Beneficiary Qualifications Eligibility At Time Of Filing
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