Sustained
EB-3
EB-3 Sustained — Healthcare (2023): the Director incorrectly applied a regulation (20 C.F.R
Decision Summary
The appeal was sustained because the Director incorrectly applied a regulation (20 C.F.R. § 656.17) that prohibits counting experience gained with the petitioning employer. The AAO found this regulation was misplaced, as the professional nurse position falls under Schedule A, which is governed by a different rule (20 C.F.R. § 656.15). The record showed the Beneficiary met the actual requirements, possessing the necessary license, degree, and experience for the position.
Criteria Discussed
Beneficiary Qualifications Schedule A Requirements Professional License Education Work Experience
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