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USCIS Amends Policies on Postings in Nurse Cases

US Citizenship and Immigration Services has issued an important amendment to the Adjudicator’s Field Manual governing how USCIS examiners are to decide cases. The February 14, 2006 guidance covers Schedule A posting and prevailing wage issues involving roaming employees. These cases are highly common in nursing since many sponsoring employers are contractors who send nurses to multiple hospitals.

The guidance directs employers that where a final work site is not known, the posting needs to be placed at all employer or employer client work sites where relevant workers are currently placed. The prevailing wage is determined based on the location of the employer’s headquarters.

If the work site is unknown and the employer has no current clients or locations, the application will be denied because USCIS will consider there to be no bona fide job opportunity.

USCIS will allow employers with petitions pending or motion to reopen pending on March 20-2006 to repost to comply with posting location requirements.

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