Aspart of its process in retiring the previously used, Adjudicator’s FieldManual, USCIS recently released updated guidance on Schedule A designations inits Policy Manual. While the guidance is substantively unchanged for the mostpart, USCIS has added more detail which will hopefully result in moreconsistent adjudication. This chapter inthe Policy Manual can be found in its entirety on the USCIS website:
https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-7
Hereare two notable changes/updates:
NoRequirement for end-client contracts. Employers that staff Physical Therapists orRegistered Nurses at third party worksites will be pleased to find that USCIShas explicitly stated in the Policy Manual that there is no requirement for anemployer to provide contracts between itself and its clients. Over the pastseveral years our firm had seen an increasing trend of RFEs requesting suchcontracts. It would seem that USCIS is at the very least acknowledging thatclient contracts are not an evidentiary requirement.
USCISstill retains the right to request such contracts if it has a “reasonable andarticulable reason” that there is not a bona fide job offer available. Therefore,while USCIS acknowledges that it is not a requirement, it is likely that theService will still make requests for client contracts, but perhaps in lesscases.
Onlyone 9089 is required, perhaps. Traditionally,a Schedule A, I-140 petition required two uncertified ETA Form 9089s withoriginal signatures. The requirement for a duplicate ETA Form 9089 is no longerpresent in this update. Historically, USCIS required a duplicate copy so that uponapproval, USCIS would retain a copy, and the other would be provided to theDOL. That process is also missing from the Policy Manual now, and instead itindicates that USCIS will simply retain the ETA Form 9089 whether the petitionis approved or denied. Without further confirmation of this change though, itwould be prudent to still include the duplicate copy with the I-140, but ourfirm will monitor if further clarification is made by USCIS.