EB-3 Dismissed — Nursing (2023): the petitioner filed under the 'professional' subcategory,

Decision Summary

The appeal was dismissed because the petitioner filed under the 'professional' subcategory, which requires the job to have a minimum of a baccalaureate degree, but the submitted labor certification application stated the job only required an associate's degree. The petitioner's request to amend the petition to the 'skilled worker' category on appeal was denied, as USCIS policy prohibits changing the visa category after a decision has been issued.

Criteria Discussed

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