DOL to eliminate labor substitution

[nishokie]

http://www.immigration-law.com/

02/05/2006: DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006

This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned.

 

[bear23]

That is a step in the right direction

 

[kewl]

Welcome news

as there seems more fraudulent cases involved in labor substitution rather than for fair purpose.

 

[GOD_BLESS_YOU]

Question!!

Once this Rule come in to effect ., What happens to the labor substitution cases which are in pipeline??

 

[nTan]

DOL n DHS are trying to do this since last few years .... and much of there efforts has not brought end to labor substitution.
Older labor have become more pricey since the advent of retrogression. The attorney and employer will not allow this gold mine to go away in thin air.. they will fight tooth and nail ...

Well subsitution is here to stay ....
Surge in PD's

 

[nishokie]

i know what you're saying,.....

murthy is one lawyer who is a real proponent of labor sub.....and she has been real vocal about it too.

i bet she makes a lot of money thru labor sub...scum.

DOL n DHS are trying to do this since last few years .... and much of there efforts has not brought end to labor substitution.
Older labor have become more pricey since the advent of retrogression. The attorney and employer will not allow this gold mine to go away in thin air.. they will fight tooth and nail ...

Well subsitution is here to stay ....

 

[saras76]

Its about time

It is high time they got around to getting rid of this loophole. To many people have unfairly exploited it.

regards,

saras76

 

[USCIS_GC_APPRO]

Onw way it is good.( Not buying /selling LCs).

Another way Bad ( this is my 8th year I got proper Qulaification Degree certificates matched , I didn't pay Single penny to my employer)

 

[can_card]

Congrats USDOL/DHS

Late move. However, it is a very good move. This should have been done 2 -3 years before. Similarly, they should track all companies abusing the immigration system like multiple labor & I-140 for same persons, mass filing of GC with out having bonafide permanet full time positions, etc.

 

[BostonGCVictim]

wonder what murthy et al will say about this

 

[newbies]

Another way Bad ( this is my 8th year I got proper Qulaification Degree certificates matched , I didn't pay Single penny to my employer)

You are right. But I don't think this regulation will affect people who applied I-140 before the date it is affected (Check Murthy for previous proposed Aug regulation). So, you don't need to be worried.

Another things, if they apply the 45 days rule, alot of people will CRY since not all the time the company could complete I140 application within 45 days. (count from the day labor is certified - what if the paper is lost in mail or late delivered?)

 

[immig2006]

Labor Sub

If labor sub is here to stay, Murthy and other attys will help their clients - whether individuals or companies make use of it. What else can you expect?

 

[bombus]

Those who already filed I-140 are not affected

For complete text of labor substitution follow this link

http://frwebgate6.access.gpo.gov/cg...SdocID=852595241746+0+0+0&WAISaction=retrieve

The part of the text says

The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS

Goodluck to all those already in the queue.

 

[sundar99]

Hopefully less fraud !!

All those waiting to take a short cut has to go the end of the que, atleast one good thing from the GOVT. (We are already waiting like a thanksgiving que in best buy )

Good luck to all aspirants of Labour Subst !

For complete text of labor substitution follow this link

http://frwebgate6.access.gpo.gov/cg...SdocID=852595241746+0+0+0&WAISaction=retrieve

The part of the text says

The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS

Goodluck to all those already in the queue.

 

[renec]

When is this coming into effect??

Is there a date set for when is this rule coming into effect??

 

[meg_z]

From immigration-law.com

Today's Hot News: Proposed Substitution Elimination Rule Released


In the text, it said comments can be received till April 14. I think it should go in effect after April 14. Am I correct? Thanks.

 

[GreenCardVirus]

Thanks DOL.

Labor Substitution is the unquestionably the biggest fraud in whole American Immigration System.

 

[dude40004]

Here is the pdf for proposed elimination of Labor Substitution

Hi,

Please find the attached .pdf file today got published at regulations.gov .
As per this, I think that people who has filed their I-140 before this comes into affect are good. What do you say ?

-Dude

Also, my EB2 PD is Feb2001 with California Service Center and I am waiting for I-485 which just came out of retrogression on Feb1st, 2006.

Any idea that how long it will take now ? Any experience you have to share with matching or close PD for EB2 from California ?

 

[BostonGCVictim]

Hi,

Please find the attached .pdf file today got published at regulations.gov .
As per this, I think that people who has filed their I-140 before this comes into affect are good. What do you say ?

-Dude

Also, my EB2 PD is Feb2001 with California Service Center and I am waiting for I-485 which just came out of retrogression on Feb1st, 2006.

Any idea that how long it will take now ? Any experience you have to share with matching or close PD for EB2 from California ?

Let's email DOL expressing our support for this rule. There will be lawyers of murhty and the likes who will now express their opposition to this rule. The email address is fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line.

 

[asnssf]

If this becomes law, you are married to your COMPANY

If this becomes LAW, you have to live with your company,CEO, Owner, HR and marketing team until you get your GC. (7-8 years)
You have to listen to your marketing manager when he says that he could find project only in Alaska for your profile.
You will be asked to change your skillset to XYZ though you are good in ABC
You will be asked to relocate with your OWN cost for a project you found yourself.
And whatever he says, you cannot leave THAT company, bcas you are stuck in retrogression or your labour is stuck in BEC.
And in between people like NICK misuse all unlucky fellows, and all those have to start their GC game from labour with 2006 priority dates.
Every time you change your company, your CLOCK starts from ZERO again.
You are living in a country which is full of LAWs for poor people where powerful and rich people can walk even after shooting sombody. And one more law will hurt immigrants only. Companies will become more rich;

Nick will not run away; why would he run when he knows that all his h1b guys/gals have no other way to stay in US except him.

Wake up GUYS!!! This law requirement looks like a blank paper, if this becomes law, you are all screwed up. And your friends are screwed up.

I am using somebody's labour; but i didn't change the company. I am with this company ever since i came here. I didn't pay a dime. Why should my approved LABOUR go to trashbin when the requirement for NEW labour is same as mine. That is illogical.

I fear that this **** might become a law; I fear that future forum members will CRY and curse all of us for asking this to become a law.

First, DOL is proposing to eliminate the current practice of allowing the substitution of alien beneficiaries on permanent labor certification applications and resulting certifications.
Second, DOL is proposing a 45-day period for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security, United States Citizenship and Immigration Services (DHS).
Third, the proposed rule expressly prohibits the sale, barter, or purchase of permanent labor applications and certifications, as well as other related payments.
Finally, the proposed rule includes provisions highlighting existing law pertaining to submission of fraudulent or false information, clarifying current DOL procedures for responding to possible fraud, and adding procedures for debarment from the permanent labor certification program.