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Labor Substitution Ending tomorrow!
- Thread starter hariom
- Start date
Substitution
Yup!
It's ending tomorrow as follows:
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 an approved permanent
labor certification in support of a Form I-140 Immigrant Petition for
Alien Worker (Form I-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.
*************
This means once the employer files 140/485 for an alien and if 180 days are passed, the labor certi is dead. So that bad practice by employers of screwing up employees as taught by lawyers will stop. Also that will stop jerks to cut ahead in line by "buying" labors for easier life.
The best thing is in immigration reform, those who are here w/o engeering/good degrees based on some compter courses they took in pop and mom classes in India will not be entertained for GC. On the other hand who achieved higher education any where will be probably treted fairly based on their merit! Finally USCIS is wakeing up that for any good thing Indians have perfect power to currupt the system and hence they need to be talked only with strict rules like elimination of substitution. The orginal intent was good but people manipulted it and so lost it for ever. LESSON OF LIFE!
Yup!
It's ending tomorrow as follows:
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 an approved permanent
labor certification in support of a Form I-140 Immigrant Petition for
Alien Worker (Form I-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.
*************
This means once the employer files 140/485 for an alien and if 180 days are passed, the labor certi is dead. So that bad practice by employers of screwing up employees as taught by lawyers will stop. Also that will stop jerks to cut ahead in line by "buying" labors for easier life.
The best thing is in immigration reform, those who are here w/o engeering/good degrees based on some compter courses they took in pop and mom classes in India will not be entertained for GC. On the other hand who achieved higher education any where will be probably treted fairly based on their merit! Finally USCIS is wakeing up that for any good thing Indians have perfect power to currupt the system and hence they need to be talked only with strict rules like elimination of substitution. The orginal intent was good but people manipulted it and so lost it for ever. LESSON OF LIFE!
Substitution
Since after 180 days approved certi is dead, that means even if employers revoke already filed 140/485 application IF 180 days are passed, employers wan't be able to replace one employee's labor for the other for money.
Fact is employers have sold LCs under the tables as much as for $25K, employers were not that smart, lawyers had taught them! So its' a full circle. No one is perfect or better than the other - it's just a game in which only the end result means something not how the game was played.
Since after 180 days approved certi is dead, that means even if employers revoke already filed 140/485 application IF 180 days are passed, employers wan't be able to replace one employee's labor for the other for money.
Fact is employers have sold LCs under the tables as much as for $25K, employers were not that smart, lawyers had taught them! So its' a full circle. No one is perfect or better than the other - it's just a game in which only the end result means something not how the game was played.
there wont be 180days for employers to substitute
The rule says employers can substitute LCs till July16th 2007. After that they can only use it to the same employee that it was filed initially and after 180 days from july 16th 2007 the labors will be expired.
As for the new labors that are approved after july 16th 2007, there is no concept of LC substitution. Again the labor is valid for 180 days after LC approval date. I140 must be filed within 180days to keep the labor valid.
So guys finally we have no LC substitutions starting from July 17th 2007.
One last thing, they stopped Premium Processing for LC substitutions from May 18 2007.
The rule says employers can substitute LCs till July16th 2007. After that they can only use it to the same employee that it was filed initially and after 180 days from july 16th 2007 the labors will be expired.
As for the new labors that are approved after july 16th 2007, there is no concept of LC substitution. Again the labor is valid for 180 days after LC approval date. I140 must be filed within 180days to keep the labor valid.
So guys finally we have no LC substitutions starting from July 17th 2007.
One last thing, they stopped Premium Processing for LC substitutions from May 18 2007.