EB-3 Dismissed — Physical Therapy (2006): did not meet the regulatory requirements for a Schedule A

Decision Summary

The appeal was dismissed because the petitioner failed to meet the regulatory requirements for a Schedule A labor certification. The director initially denied the petition because the required notice of filing was posted after the petition was filed. On appeal, the evidence submitted to correct this was found to be unsworn declarations with no evidentiary weight, and the AAO further noted that the notice itself was deficient, lacking the specific content required by regulations.

Criteria Discussed

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