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2/21/2006 IMMIGRATION ALERT:
USCIS BACKTRACKS - NO HQ POSTINGS ALLOWED
In a startling reversal, the USCIS will not allow staffing companies to post
Notice of the job opportunity at a Staffing Company's headquarters. Instead
the new policy requires that staffing companies post Notice at the actual
hospitals and healthcare facilities where the work will be performed. The
reversal has been formalized in a document entitled, "Guidance to Schedule A
Blanket Labor Certifications".
The Guidance creates two Notice Posting standards:
(1) If the Staffing Company employer knows where the employee will
physically working - the Notice must be placed at the hospital or facility
of actual work.
(2) If the Staffing Company employer does not know where the employee will
be physically working - the employer must post at each and every one of its
client-sites.
If the employer does not have any client sites, then the USCIS will deny the
case under the theory that no bona-fide worksite exists.
In the last few days, HLG has had several communications with the USCIS'
upper-level management, which have confirmed that the Guidance was prompted
by the USCIS' discussions with the Department of Labor. The DOL's
involvement in the creation of the Guidance gives the policy more legal
weight than if the DOL had not been consulted.
The Guidance also confirms that the USCIS will only allow business-weekday
Notice postings to "count" toward the ten-day posting rule.
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