Eliminate Substitution and to Mandate Use of Certified Labor within 45 days

jkvaisnavi

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immigration-law.com - Breaking news

* On May 12, 2005, last Thursday, the DOL submitted to the White House OMB for its review a "proposed" regulation in order to remove the substitution of the alien beneficiary and to require filing of I-140 petition within 45 days of the certification of the ETA 750 or ETA 9089.
* The Department of Labor is proposing changes reportedly to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is proposing to eliminate the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL is proposing to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The proposed rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. DOL will also propose enforcement mechanisms to protect program integrity, including debarment with appeal rights. These proposed amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
* This is a proposed rule and it may take some time before it is made a final or interim rule. However, sometimes, agencies changed or revised during the process of the OMB reviews from the proposed regulation to interim regulation or vice versa.
 
Dol

This is a very good and positive move by the Department Of Labor.
This way at least companies will not be able to do big Frauds.
(Opening up the Company offices in various US Labor Regions, applying for Labor for same employees from all the different centers repeatedly and then selling them to others at there own Price.)
 
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boniji said:
This is a very good and positive move by the Department Of Labor.
This way at least companies will not be able to do big Frauds. (Opening up the Company offices in various US Regions, applying for Labor for all the employees from all the different centers and then selling them to others at high rate.)
I totally agree with Boniji.. Yes it eliminates the fraud on behalf of blood sucking desi companies...
Thanks
KK
 
Gurus,
Will it have any impact on the cases which are filed using substitue labor?
Thanks in advance for your reply.
 
Hi,

Thats a good move that changes things a lot.
This kind of things takes time. They should sufficient time
for transition, Means effective date of the rule should be an year from
the time it became law.

Thanks
 
Dol

These points will be good to add:
1) If the labor certificate is not substituted then it should have 180-day expiry.
2) If the labor cert is substituted then it should have 45-day expiry.
3) There should be a Condition which should specify that the person whose Labor Certificate is substituted must not be an employee at the same time. That is why labor Certificate is been substituted.
And so on.
 
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