sustained
EB-3
sustained EB-3 Case: Nursing
Decision Summary
The director initially denied the petition because the evidence of the job posting did not meet the regulatory requirement that it be posted between 30 and 180 days prior to filing the petition. On appeal, the petitioner submitted new evidence of a notice posted in May 2005, which fell within the required time frame for the July 1, 2005 filing, thus satisfying the requirement and leading the AAO to sustain the appeal.
Criteria Discussed
Schedule A Labor Certification Notice Of Filing Application For Permanent Employment Certification Posting Notice For 10 Consecutive Business Days Posting Notice Between 30 And 180 Days Before Filing The Application Content And Location Of Posted Notice
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