EB-3 Sustained — Nursing (2006): the initial petition and subsequent appeal were denied

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 Since the petitioner provided proof of a timely posting under this revised policy, the previous denials were withdrawn and the petition was approved.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

Sign up free to download the original PDF