New Documentation Requirements for R. N. and P.T. Immigrant Petitions
August 31, 2005

Healthcare facilities and foreign nurses and physical therapists, take note: extensive changes in documentation requirements for immigrant visa petitions have been implemented in the past few months. The new requirements apply to I-140 petitions filed by facilities on behalf of registered nurses and physical therapists, both in the U.S. and overseas. Included in the new documentation requirements:

New Department of Labor Form: Petitioning facilities must complete, sign and file, in duplicate, Department of Labor Form, ETA 9089, in lieu of ETA 750.

Wage Determination: A current “prevailing wage” determination issued by a State Workforce Agency, such as Illinois Department of Employment Security, must be included, and the salary offered to the foreign worker must be 100%, as opposed to 95%, of the prevailing wage. Current is defined such that the ending validity date of the SWA determination may not be less than 90 days, or more than 1 year, from the date of the I-140 filing.

Notice of Filing: Facilities will continue to be required to post a “notice of filing” in conspicuous locations for 10 consecutive business days, but the notice must have been posted between 30 and 180 days prior to the date of the I-140 filing (for unionized positions, notice must instead be provided to the designated bargaining representative). Thus, facilities cannot just post the notice for 10 days, and then immediately proceed with the immigration filing.

Also, the notice must now contain a directive for interested parties to contact an appropriate Citizenship and Immigration Services office, and not a Department of Labor office, with inquiries or complaints.

Copies of in-house media: Copies of any electronic or printed in house media used by the facility to recruit R.N.’s or P.T.’s must be included in the I-140 filing.