sustained
EB-3
sustained EB-3 Case: Nursing
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Decision Summary
The Director denied the petition, finding it was filed less than 30 days after the Notice of Filing (NOF) was removed. The AAO sustained the appeal, clarifying that the regulation only requires filing at least 30 days after the minimum 10-day posting period has been completed, not after the notice is actually taken down. The petitioner complied with this requirement, as supported by DOL policy.
Criteria Discussed
Schedule A Occupations Labor Certification Notice Of Filing (Nof) Posting Requirements 30-To-180-Day Filing Window
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