dismissed
EB-3
dismissed EB-3 Case: Nursing
Decision Summary
The appeal was dismissed because the I-140 petition and its accompanying labor certification application were filed after the Prevailing Wage Determination (PWD) had expired. The AAO rejected the petitioner's argument that posting a notice of filing during the PWD's validity period satisfied the regulatory requirements, clarifying that for Schedule A occupations, the application must be filed with USCIS within the PWD's validity period.
Criteria Discussed
Prevailing Wage Determination Validity Schedule A Occupation Filing Requirements
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