May 16, 2007
Advance copy of final rule regarding prohibition of substitution of aliens on labor certification applications, and other changes to the labor certification process has just been released.
Following are the key points:
1. The new rules take effect on July 16, 2007.
2. Substitution of alien beneficiaries on labor certification applications (i.e., pending applications) and certifications (i.e., approvals) are prohibited.
3. I-140 petitions based on labor certification substitutions that were either approved or pending as of the effective date will be unaffected by the rule change.
4. I-140 must be filed within 180 days of the approval of the labor certification.
5. Employers will be required to pay the costs of preparing, filing and obtaining certifications (e.g., recruitment costs and attorney fees), and may not transfer the cost to employees.
6. The rule does not forbid employees from paying the cost of obtaining his or her own attorney to represent his/her interest in the process.