Employer Must Post Notice in Schedule A Cases Posted Jan 28, 2005 ©MurthyDotCom The USCIS Service Center Operations Section (SCOPS) has advised the American Immigration Lawyers Association (AILA) regarding the issuance of a Notice of Intent to Deny (NOID), or the potential denial, of a Schedule A case for permanent residency where there is a noncompliance with certain job posting requirements. Schedule A, group I, covers nurses and physical therapists who apply for permanent residency and are not required to undergo the labor certification process. The Service Centers have been directed to issue NOIDs if they have any Schedule A petitions that do not contain proof of compliance with the union notification / Notice of Posting requirement under the Department of Labor (DOL) regulations. The USCIS has confirmed that the employer may show proof that this posting requirement was satisfied at the time of the NOID response rather than only on the date of the initial I-140 filing. ©MurthyDotCom Thus, the USCIS position provides some relief and an ability to remedy this oversight on the part of an employer. Though this decision provides relief for employers who may have been unaware of the Notice requirement, employers and employees should not rely on this USCIS policy guidance in the future, since this guidance is of an informal nature and is not embodied in a regulation. There is always the potential for a future shift in USCIS policy. © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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