dismissed EB-3 Case: Nursing
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Decision Summary
The appeal was dismissed because the petitioner failed to comply with the Department of Labor's notification requirements. The initial notice of filing, posted before the petition was filed, offered a wage below the required prevailing wage. A second notice with a compliant wage was posted, but this occurred six months after the petition was filed, violating the regulation that notice must be provided 30 to 180 days before filing.
Criteria Discussed
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