Sustained EB-3

EB-3 Sustained โ€” Nursing (2024): the Director denied the petition, finding it was filed less

๐Ÿ“… 2024-05-28 ๐Ÿ‘ค Company ๐Ÿ“‚ Nursing

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
๐Ÿ“„ Original decision (USCIS PDF)

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