EB-3 Remanded — Nursing: the director denied the petition because the evidence

Decision Summary

The director denied the petition because the evidence showed the beneficiary's state nursing license was issued after the petition's priority date. On appeal, the petitioner submitted new evidence showing the beneficiary had passed the NCLEX-RN examination prior to the priority date, which was sufficient to overcome the reason for denial. The case was remanded for the director to consider other potential issues related to the blanket labor certification.

Criteria Discussed

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