sustained EB-3
Registered Nurse
Eye Surgery Center · 2024-05-28
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Framework Evaluation
1 of 1 criteria metLabor Certification / Notice of Filing (Met)
The Petitioner correctly posted the Notice of Filing for 10 consecutive business days and filed the petition more than 30 days after the start of the required posting period.
Why This Petition Was Approved
The appeal was sustained because the Petitioner demonstrated compliance with 20 C.F.R. § 656.10(d)(3)(iv) by posting the NOF for at least 10 consecutive business days within the 30-to-180-day window before filing. The AAO determined the Director erred in the calculation of the required notice period. The evidence showed the notice was clearly visible and met all technical Department of Labor requirements for professional nurses.
Evidence
Evidence Types
Government Alignment
Skills Required
- Bachelor's degree
- Professional nurse qualification
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Frequently Asked Questions
A sustained EB-3 (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-28.
Browse all casesAt a Glance
Outcome sustained
Criteria Met 1 / 1
Evidence Types 1
EB-3 Case Data
Scraped Case Data
Total Cases 109
Success Rate 9.2%
Sustained 10
Dismissed 64
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