sustained
EB-3
sustained EB-3 Case: Nursing
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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
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