sustained EB-3 Case: Nursing
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Decision Summary
The initial petition and subsequent appeal were denied because the petitioner failed to provide evidence of the required job posting notice at the time of filing. On a motion to reconsider, the AAO applied a USCIS policy memo that allowed for the posting to be completed after filing, in response to a Request for Evidence (RFE), for petitions filed before a certain date. Since the petitioner provided proof of a timely posting under this revised policy, the previous denials were withdrawn and the petition was approved.
Criteria Discussed
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