dismissed
EB-3
dismissed EB-3 Case: Nursing
Decision Summary
The appeal was dismissed because the petitioner's labor certification required a bachelor's degree, but the corresponding prevailing wage determination (PWD) was for a position requiring only an associate's degree. The petitioner claimed this was a typographical error, but federal regulations prohibit any modifications to a labor certification after it has been filed, making the discrepancy fatal to the petition.
Criteria Discussed
Prevailing Wage Determination (Pwd) Labor Certification Requirements Schedule A Occupation Inability To Modify Labor Certification Ability To Pay
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