EB-3 Remanded — Healthcare (2020): while the petitioner overcame the initial reason for

Decision Summary

The appeal was remanded because while the petitioner overcame the initial reason for denial—a minor error on a worksite posting notice—the AAO identified new deficiencies. The record lacked sufficient evidence to prove the U.S. equivalency of the beneficiary's foreign nursing degree and did not establish the petitioner's ability to pay the proffered wage. Since the director had not previously issued a request for evidence on these points, the case was sent back to provide the petitioner an opportunity to submit the necessary documentation.

Criteria Discussed

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