Remanded
EB-3
EB-3 Remanded โ Nursing (2017): the petitioner initially filed for a skilled worker but the
Decision Summary
The petitioner initially filed for a skilled worker but the supporting labor certification did not require the necessary two years of experience, leading to a denial. On a motion to reconsider, the AAO found the petitioner sufficiently established their selection of the skilled worker category was a correctable clerical error and that they intended to file for an unskilled worker. The case was remanded for a new decision on the merits under the unskilled worker classification.
Criteria Discussed
Skilled Worker Vs. Unskilled Worker Classification Clerical Error On Form I-140 Labor Certification Requirements Actual Minimum Requirements
๐ Original decision (USCIS PDF)
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