Announcement of job vacancies

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Posted on Oct 20 2011
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To clarify, there are no specific requirements for advertising job vacancies in relation to filing an I-129CW for a CNMI-only Transitional Worker position.

Employers must complete and sign the Employer Attestation (supplemental sheet to I-129CW petition) in which they confirm that there are no qualified U.S. workers available for the position.

USCIS does not dictate how an employer determines that there is no qualified U.S. worker available. The employer must use his or her own judgment in advertising a job so that he/she can make this attestation. Any form of advertising would be acceptable if it provided sufficient opportunity for people to hear about a job—including, but not limited to TV, radio, print, online. An employer can submit evidence with the I-129CW petition of how he/she decided no qualified U.S. worker was available (e.g. how, when, where, how often advertised) or should be able to explain this should USCIS ask for evidence.

[B]Marie Thérèse Sebrechts[/B] [I]DHS-USCIS-Office of Communications[/I]

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