EB-3 Dismissed — Nursing (2006): did not establish compliance with the job posting notice

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate compliance with the job posting notice requirement under 20 C.F.R. § 656.20(g)(1). The initial evidence showed the notice was posted at the petitioner's corporate offices, not the beneficiary's actual location of employment. On appeal, counsel asserted the notice was properly posted at the worksite but failed to provide any supporting documentation, and assertions of counsel do not constitute evidence.

Criteria Discussed

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