sustained
EB-3
sustained EB-3 Case: Health Care
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Decision Summary
The appeal was sustained because the AAO withdrew the Director's finding of fraud or willful misrepresentation. The Petitioner successfully demonstrated that the job offer for a registered nurse was valid at the time of filing, even though it was no longer available six years later at the consular interview. While the petition's approval remains revoked, the appeal itself, which contested the fraud finding, was successful.
Criteria Discussed
Revocation Of Petition Approval Fraud Or Willful Misrepresentation Job Offer Validity Schedule A Occupation Requirements
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