The DOL is expected to publish a long-awaited
regulation that will eliminate the substitution of Labor
Certifications, as well as restrict the use of Labor Certifications.
HLG has seen an advance copy of the rule, which was published on
AILA's website. The relevant summary from the forthcoming rule is:
This Final Rule includes several major provisions. It prohibits the
substitution of alien beneficiaries on permanent labor certification
applications and resulting certifications. The Final Rule provides a
180-day validity period for approved labor certifications; employers
will have 180 calendar days within which to file permanent labor
certification in support of a Form 1-140 Immigrant Petition for
Alien Worker (Form 1-140 hereafter) with the Department of Homeland
Security (DHS). The rule prohibits the sale, barter or purchase of
permanent labor certifications and applications. In addition, this
rule requires employers to pay the costs of preparing, filing and
obtaining certification. An employer's transfer to the alien
beneficiary of the employer's costs incurred in the labor
certification or application process is strictly prohibited. The
rule makes clear an alien may pay his or her own legitimate costs in
the permanent labor certification process, including attorneys' fees
for representation of the alien. The rule also reinforces existing
law pertaining to the submission of fraudulent or false information
and clarifies current DOL procedures for responding to incidents of
possible fraud. Finally, the rule establishes procedures for
debarment from the permanent labor certification program.
