Dismissed
EB-3
EB-3 Dismissed — Nursing: did not establish the notice of filing the Application for
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the notice of filing the Application for Alien Employment Certification was posted prior to the petition's filing date. The petitioner submitted evidence of a notice posted after the filing date, but eligibility must be established at the time of filing, not cured by subsequent actions.
Criteria Discussed
Schedule A Labor Certification Notice Of Filing Posting Requirement (20 C.F.R. § 656.20(G))
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