USCIS Business Days Definition in Labor Certification Notice

According to American Immigration Lawyers Association (AILA), USCIS has been defining ten business days to exclude Saturdays, Sundays and any day designated as a Federal Government holiday, irrespective of whether the employer is open for business on those days. Until and unless USCIS adopts a more reasonable interpretation, applicants should file Schedule A labor certification cases with a posting notice in compliance with this definition.

Ten business days is a time requirement for posting notice in labor certification. For example, in case of professional positions which require a bachelor's degree, in addition to the mandatory SWA job order (30 days), posting notice (ten business days), and two Sundays ads in a newspaper, the PERM regulations also require the employer to conduct three additional recruitment steps, including: job fair, on-campus recruiting, employer website, local or ethnic newspapers, or radio or TV ads, etc.

(02/08/2006)

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