dismissed EB-3 Case: Nursing

U.S. Citizenship 
and Immigration 
Services 
In Re: 7858289 
Appeal of California Service Center Decision 
Form I-140, Immigrant Petition for Professional 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 28, 2020 
The Petitioner seeks to employ the Beneficiary as a registered nurse. 1 It requests classification of the 
Beneficiary as a professional under the third preference immigrant classification. Immigration and 
Nationality Act (the Act), section 203(b )(3)(A)(ii), 8 U.S.C. § 1153(b )(3)(A)(ii). This employment­
based immigrant classification allows a U.S. employer to sponsor a professional with a baccalaureate 
degree for lawful permanent resident status. 
The Director of the California Service Center denied the petition, concluding that the Petitioner did 
not provide a valid prevailing wage determination (PWD). To meet Schedule A eligibility, a petitioner 
must submit a valid PWD obtained in accordance with 20 C.F.R. §§ 656.40 and 656.41. See 20 C.F.R. 
§ 656. l 5(b )(I) . 
U.S. Citizenship and Immigration Services records indicate that the Beneficiary adjusted status to that 
of a U.S. lawful permanent resident on February 9, 2012. She became a naturalized U.S. citizen on 
March 18, 2015. Becaus e the Beneficiary is a U.S. citizen, further pursuit of the matter at hand is 
moot. 
ORDER: The appeal is dismissed. 
1 A Schedule A occupation is an occupation codified at 20 C.F.R. § 656.S(a) for which the U.S. Department of Labor has 
determined that there are not sufficient U.S. workers who are able, willing, qualified and available and that the wages and 
working conditions of similarly employed U.S. workers will not be adversely affected by the employment of foreign 
nationals in such occupations . The current list of Schedule A occupations includes professional nurses and physical 
therapists. Id.