Sustained
EB-3
EB-3 Sustained — Nursing (2019): the Director incorrectly denied the petition for lacking a
Decision Summary
The appeal was sustained because the Director incorrectly denied the petition for lacking a bona fide job opportunity open to U.S. workers. The AAO clarified that as a 'Schedule A' occupation for a professional nurse, the Department of Labor has already determined a shortage of U.S. workers, and the petitioner is therefore exempt from testing the labor market before filing.
Criteria Discussed
Bona Fide Job Opportunity Schedule A Occupation Labor Market Test Intent To Employ
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more EB-3 decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →