remanded EB-3
Registered Nurse
Nurse Staffing Company · 2024-07-31
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
2 of 3 criteria metLabor Certification (Met)
The position is a Schedule A occupation (professional nurse), which qualifies for a blanket labor certification without testing the labor market.
Job Qualifications (Met)
The Beneficiary possesses the required associate's degree in nursing and a valid license to practice.
Employer Ability to Pay (Not Met)
The Petitioner failed to provide required financial evidence for the priority date and did not account for the wages of over 800 other sponsored beneficiaries.
Why This Petition Was Remanded
The decision was remanded because the Petitioner did not provide required financial documentation (annual reports, tax returns, or audited financial statements) for the priority date year to prove its ability to pay the proffered wage. Furthermore, the Petitioner must demonstrate the financial capacity to pay the wages for this Beneficiary in addition to more than 800 other pending or approved petitions filed within the last year.
Evidence
Skills Required
- Associate's degree in nursing (or foreign equivalent)
- Valid nursing license in any state
- Registered Nurse license in Florida
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Frequently Asked Questions
A remanded EB-3 petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-31.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 2 / 3
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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