Within 30 days of receiving the attestation, the Chief of the Division of Foreign Labor Certifications must act upon it or it shall be deemed accepted for filing. The date of acceptance for filing is the date the attestation is signed by the Chief and is valid for one year from that date. Denials may be appealed to the Board of Labor Certification Appeals. The hospital or clinic then files its petition on INS Form I-129 for the foreign national nurse and awaits INS adjudication at an INS Service enter. The foreign national nurse may be in the United States on another valid visa, or be overseas.
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