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Immigration News
Substitution of Labor Certification Beneficiaries May End
January 30, 2007
Nearly a year ago, the Department of Labor proposed a set of rules that
would disallow the substitution of beneficiaries on labor certifications,
and impose a 45-day deadline for employers to file an I-140 petition based
on an approved labor certification. Currently, a labor certification may be
utilized by an employee other than the employee for whom the application was
filed and approved for, and an approved labor certification remains valid
indefinitely. The proposed rule would also prohibit the sale, barter or
purchase of labor certification applications, and prohibit payment by an
employee for any expenses associated with the labor certification process.
On January 26, 2007, the proposed rules were forwarded to the federal Office
of Management and Budget (OMB). At this point, it is not known what
changes, if any, were made to the proposed rules. It is possible that DOL
may have amended its proposed rules after receiving public feedback on the
original set of proposed rules. OMB review is required before an agency's
rule can be implemented. Once OMB completes its review, which can be done
in 30 to 90 days, the rule, if passed, will be published in the Federal
Register and could take effect soon thereafter.
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