GCFORMEORNOT
Registered Users (C)
AILA has just obtained advanced copy of this final rule. The followings are the changes to the proposed rule:
(1) An approved permanent labor certification granted on or after July 16, 2007 expires if not filed in support of a Form 1-140 petition with the Department of Homeland Security within 180 calendar days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before July 16, 2007 expires if not filed in support of a Form 1-140 petition with the Department of Homeland Security within 180 calendar days of July 16, 2007.
(3) A permanent labor certification for a Schedule A occupation or sheepherders is valid only for the occupation set forth on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089) and only for the alien named on the original application, unless a substitution was approved prior to July 16, 2007. The certification is valid throughout the United States unless the certification contains a geographic limitation.
(4) A permanent labor certification involving a specific job offer is valid only for the particular job opportunity, the alien named on the original application (unless a substitution was approved prior to July 16, 2007), and the area of intended employment stated on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
In summary, the regulation publication date will be tomorrow, but the cut-off date for the most of the provisions relating the substitution elimination and certified labor certification application validity period appears to be July 16, 2007.
LC Validity Period: 180 days (changed from 45 days) from the effective date of the final rule (for the already certified cases) or from the date of certification (for the cases certified after the effective date of the final rule). Any certified applications filed with DHS for I-140 petition within the 180-day window will not be affected by the rule.
Unaffected Substitutions: (1) DOL or DHS has approved the substitution or (2) substitution request has been filed and pending, effective date of the final rule.
Amendment to Change Beneficiary: (a) Substitution or change to the identity of an alien beneficiary onany application for permanent labor certification, whether filed under this part or 20 CFR part 656 in effect prior to March 28, 2005,
and on any resulting certification, is prohibited for any request tosubstitute submitted after July 16, 2007.
(b) Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007.
http://www.immigration-law.com/Canada.html
(1) An approved permanent labor certification granted on or after July 16, 2007 expires if not filed in support of a Form 1-140 petition with the Department of Homeland Security within 180 calendar days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before July 16, 2007 expires if not filed in support of a Form 1-140 petition with the Department of Homeland Security within 180 calendar days of July 16, 2007.
(3) A permanent labor certification for a Schedule A occupation or sheepherders is valid only for the occupation set forth on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089) and only for the alien named on the original application, unless a substitution was approved prior to July 16, 2007. The certification is valid throughout the United States unless the certification contains a geographic limitation.
(4) A permanent labor certification involving a specific job offer is valid only for the particular job opportunity, the alien named on the original application (unless a substitution was approved prior to July 16, 2007), and the area of intended employment stated on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
In summary, the regulation publication date will be tomorrow, but the cut-off date for the most of the provisions relating the substitution elimination and certified labor certification application validity period appears to be July 16, 2007.
LC Validity Period: 180 days (changed from 45 days) from the effective date of the final rule (for the already certified cases) or from the date of certification (for the cases certified after the effective date of the final rule). Any certified applications filed with DHS for I-140 petition within the 180-day window will not be affected by the rule.
Unaffected Substitutions: (1) DOL or DHS has approved the substitution or (2) substitution request has been filed and pending, effective date of the final rule.
Amendment to Change Beneficiary: (a) Substitution or change to the identity of an alien beneficiary onany application for permanent labor certification, whether filed under this part or 20 CFR part 656 in effect prior to March 28, 2005,
and on any resulting certification, is prohibited for any request tosubstitute submitted after July 16, 2007.
(b) Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007.
http://www.immigration-law.com/Canada.html
