Through an amendment to the Adjudicator's Field Manual (AFM), the USCIS has issued new guidance effective February 14, 2006 primarily addressing Schedule A posting and prevailing wage issues in roving employee cases.
Schedule A is a list of “pre-certified” occupations. Currently it contains only Group I, registered nurses and physical therapists, and Group II, alien of exceptional ability. As Group II is rarely applied for because it overlaps with the alien of extraordinary ability category under EB-1, it leaves only registered nurses and physical therapists practically known and applicable to the public.
The immigration application for the Schedule A positions is very different from other employment-based petitions as it is “pre-certified” and as such the labor certification application for Schedule A positions are filed together with immigration application to the USCIS, rather than filing to the Department of Labor for PERM processing. To apply for the Schedule A positions, the employers must post the job opportunity at their worksite.
The amendment provides that if the employer does not know where the employee will be placed, the posting must be placed at all employer or employer client worksites where relevant workers are currently placed. Prevailing wage would be based on the headquarters location. Petitions for unknown worksites where the employer has no locations and no clients will be denied. Petitions pending or with a motion to reopen pending on March 20, 2006 will be allowed to repost to comply with posting location requirements. Business days are also defined to exclude Saturdays and Sundays in all circumstances. The USCIS also provides a sample posting and certificate of posting.