sustained
EB-3
sustained EB-3 Case: Nursing
Decision Summary
The appeal was sustained because the AAO concluded that the Beneficiary meets the specific requirements of the ETA Form 9089. The Beneficiary possesses the required associate's degree in nursing (or a foreign equivalent) and has passed the NCLEX-RN examination, making them eligible for the third-preference immigrant classification.
Criteria Discussed
Educational Requirements Examination Requirements Eta Form 9089 Requirements
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U.S. Citizenship and Immigration Services In Re: 10767702 Appeal of Nebraska Service Center Decision Form 1-140, Immigrant Petition for Alien Worker Non-Precedent Decision of the Administrative Appeals Office DATE: AUG. 19, 2020 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 NC LEX-RN examination. The Director denied the petition. The matter is now before us on appeal. Upon de nova 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(I)(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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