sustained EB-3 Case: Nursing

MATTER OF M-R-M-C-P-D-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION . 
Non-Precedent Decision of the 
Administrative Appeals Office· 
DATE: MAY 15,2018 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a hospital, seeks to employ the Beneficiary as a registered nurse, a Schedule A 
occupation as codified at 20 C.F.R. § 656.5(a). It requests her classification as a skilled worker 
under the third-preference, immigrant category. Immigration and Nationality Act (the Act) section 
203(b)(3)(A)(i), 8 U.S.C. § 1153(b)(3)(A)(i). This employment-based category allows a U.S. 
business to sponsor a foreign national with at least two years of training or experience for lawful 
permanent resident status. 
The Director of the Texas Service Center denied the petition after concluding that it was not 
supported by a valid prevailing wage determination (PWD) from the U.S. Department of Labor, as 
required for Schedule A petitions. Specifically, the Director found that the PWD was not valid 
because it did not reflect the exact same job requirements described on the uncertified Form ETA 
9089, Application for Permanent Employment Certification. The Director also found that the 
Petitioner did not establish that the Beneficiary had satisfied one of the three regulatory requirements 
tor a Schedule A professional nurse. 
Upon review of the record, including evidence submitted on appeal, we tind that the PWD is valid 
for the position offered and that the Beneficiary satisfies one of the three regulatory requirements to 
qualify as a professional nurse. Accordingly, the Petitioner has overcome the Director's decision. 
ORDER: The appeal is sustained. 
Cite as Matter of M-R-M-C-P-D-, Inc., ID# 1175999 (AAO May 15, 20 18) 
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