A proposed rule that would eliminate substitutions on labor certification applications, impose a 45-day deadline for filing an I-140, and add enforcement measures was re-submitted to Office of Management and Budget (OMB) on February 2, 2006 and cleared that same day. It has now been released to the public. The public is invited to comment on the proposed rules. Comments are due to the Department of Labor (DOL) by April 14, 2006. After the comment period, the regulation will become law, unless the DOL's review of the public's comments warrant further consideration and deliberation.

Any HLG clients who are considering using certified Labor Certifications for substituted employees, ought to immediately prepare those I-140 cases.

To read the entire proposed regulation and for comment instructions, please see:

http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=7656&dbname=2006_register