sustained
EB-3
sustained EB-3 Case: Nursing
Decision Summary
The appeal was sustained because, upon de novo review, the AAO found that the Beneficiary met the specific educational and examination requirements of the ETA Form 9089. The decision concluded that the Beneficiary possessed the required associate's degree in nursing and had passed the NCLEX-RN examination, making them eligible for the requested classification.
Criteria Discussed
Educational Requirements Professional Examination (Nclex-Rn) Schedule A Occupation Requirements
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U.S. Citizenship and Immigration Services In Re : 10426033 Appeal of Nebraska Service Center Decision Form 1-140, Immigrant Petition for an Alien Worker Non-Precedent Decision of the Administrative Appeals Office DATE : JAN. 25, 2021 The Petitioner, a healthcare facility, seeks to employ the Beneficiary as a registered nurse, a Schedule A occupation as codified at 20 C.F.R. § 656 .5(a) . It requests classification of the Beneficiary under the third preference immigrant category . In this case the only requirements of the ETA Form 9089 are an associate's degree in nursing, or a foreign educational equivalent, and passage of the NCLEX-RN examination . The Director denied the petition. The matter is now before us on appeal. Upon de novo review , we will withdraw the Director's decision and sustain the appeal. The Beneficiary meets the specific educational and examination requirements of the ETA Form 9089, in conformance with the regulation at 8 C.F.R. § 204 .5(1)(3)(ii). We conclude that the Beneficiary is eligible for the classification as requested in this petition . ORDER: The appeal is sustained .
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