sustained EB-3 Case: Health Care

.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF W-G-P;, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 11 ,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
) 
The Petitioner, a health care service company, seeks to employ the Beneficiary as a registered nurse. 
It requests classification of the Beneficiary as a skilled worker under the third preference immigrant 
classification. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(i), 8 U.S.C. 
§ 1153(b)(3)(A)(i) . This employment-based immigrant classification allows a U.S. employer to 
sponsor a foreign national for lawful permanent resident status to work in a position that requires at 
least two years of training or experience. 
The Director of the Texas Service Center revoked the approval of the petition, concluding that the 
record did not establish , as required, that there was a job offer available with the 
· at the time the Beneficiary was interviewed for an 
immigrant visa at the consulate. The Director also determined 
that the Petitioner fraudulently or 
willfully misrepresented the availability of the job offer on the Form I-140, Immigrant Petition for 
Alien Worker. 
On appeal, the Petitioner submits additional evidence and requests that we withdraw the Director ' s 
finding of fraud or willful misrepresentation. The Petitioner asserts that the job offer to the 
Beneficiary was valid when the Petitioner signed the Form l-140. The Petitioner does not contest 
the Director's revocation of the approval of the petition, as it acknowledges that there is no longer a 
valid job offer available. 
Upon de novo review, we will sustain the appeal on the issue of fraud or willful misrepresentation. 
However, the approval of the petition will remain revoked. 
I . 
Pursuant to an amendment to a staffing agency services agreement and a letter of engagement both dated December 29, 
2005, between the Petitioner and the Petitioner <;~greed to provide with five registered nurses for 
full-time employment. We note that the staffing agency services agreement stated that the Petitioner would employ the 
nurses for one year, and thereafter would commit to , employ them. Thus , it does not appear that the 
Petitioner 's job offer to the Beneficiary was for permanent employment. See 20 C.F.R . § 656 .10(c)(l0). 
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Matter of W-G-P-, Inc. 
I. LAW AND ANALYSIS 
A. Schedule A 
This petition is for a Schedule A occupation. A Schedule A occupation is an occupation codified at 
20 § C.F.R. 656.5(a) for which the U.S. Department of Labor (DOL) 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 aliens in such occupations. The current list of Schedule A occupations includes 
professional nurses and physical therapists. !d. 
Petitions for Schedule A occupations do not require a petitioner to test the labor market and obtain a 
certified ETA Form 9089, Application for Permanent Employment Certification, (labor certification) 
from the DOL prior to filing the petition with U.S. Citizenship and Immigration Services (USCIS). 
Instead, the petition is filed directly with USCIS with a duplicate uncertified ETA Form 9089. See 8 
C.F.R. §§ 204.5(a)(2) and (l)(3)(i); see also 20 C.F.R. § 656.15.2 The priority date of the petition is 
March 24, 2006. See 8 C.F.R. § 204.5(d). 
If the Schedule A occupation is a professional nurse, a petitioner must establish that the benefiCi~ry 
has a Certificate from the a 
permanent, full and unrestricted license to practice professional nursing in the state of intended 
employment; or passed the 
See 20 C.F.R. § 656.5(a)(2).
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B. Revocation of Petition's Approval 
The Director initially approved the petition in 2006 based on the Petitioner's commitment to place 
the Beneficiary as a registered nurse at The Director subsequently revoked the petition's 
approval, concluding that the record did not establish that there was a job offer available with 
at the time the Beneficiary was interviewed at the consulate in 2012. 
Section 205 of the Act, 8 U.S.C. § 1155, provides that "[t]he Attorney General [now Secretary, 
2 To meet Schedule A eligibility, the petitioner must also submit with the petition a prevailing wage determination 
(PWD) in accordance with 20 C.F.R. §§ 656.40 and 656.41. See 20 C.F.R. § 656.15(b)( I). We note that the PWD 
submitted in this case indicated that the job requirements included a college degree in nursing, a New York State nursing 
license, no experience, and no training. The labor certification does not specify that a college degree in nursing is 
required, or that a New York State nursing license is required, as stated on the PWD. Instead, the labor certification 
requires a "nursing certificate" with no minimum level of education and no experience or training required for the 
proffered position. Thus, the actual minimum requirements for the position are not clear. 
, The Beneficiary's Certificate was issued on September 7, 2005 . . 
4 The posting notice for the proffered position listed the only requirements for the job as: ' Certificate or Valid 
or Passage of ' These job requirements do not match 
those listed on the PWD or the labor certification . 
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Matter of W-G-P-, Inc. 
Department of Homeland Security], may, at any time, for what he deems to be good and sufficient 
cause, revoke the approval of any petition approved by him under section 204." The Petitioner does 
not contest the Director's revocation of the approval of the petition, as it acknowledges that there is 
no longer a valid job offer available with We affirm the Director's revocation of the 
approval ofthe petition. The petition's approval will therefore remain revoked. 
C. Fraud or Willful Misrepresentation 
The Director determined that the Petitioner fraudulently or willfully misrepresented the availability 
of the job offer on the Form I-140. On appeal, the Petitioner asserts that the job offer was valid 
when the Petitioner signed the Form I-140 and ~equests that we withdraw the Director's finding of 
fraud or willful misrepresentation. 
On appeal, the Petitioner submits a letter from the Petitioner's senior vice president 
and administrator, verifying the 2005 agreement between the Petitioner and for . the 
provision of five registered nurses. states that while need for nurses existed 
at the time the petition was filed, "the need no longer exists." We have verified the authenticity of 
letter. ' 
The Petitioner has established that its job offer to the Beneficiary was valid when the Petitioner 
signed and filed the Form I -140, and that circumstances had changed by the time of the 
Beneficiary's consular interview six years later. The Petitioner did not fraudulently or willfully 
misrepresent the availability of the job offer on the petition. We will therefore withdraw the 
Director's finding of fraud or willful misrepresentation. 
II. CONCLUSION 
The record on appeal establishes that the Petitioner did not fraudulently or willfully misrepresent the 
availability of the job offer on the Form I-140. We therefore withdraw the Director's Hnding of 
fraud or willful misrepresentation. We will sustain the appeal. However, the approval of the 
petition remains revoked. 
ORDER: The appeal is sustained. 
Cite as Matter ofW-G-P- , Inc., ID# 287420 (AAO July 11, 2017) 
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