Labor substitution to Come to an End!!!!!!

vicky007

Registered Users (C)
Labor substitution to Come to an End

DOL Proposes to Eliminate Substitution and to Mandate Use of Certified Labor Certification.

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

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.
 
vicky007 said:
Labor substitution to Come to an End

DOL Proposes to Eliminate Substitution and to Mandate Use of Certified Labor Certification.

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

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.

will this effect already filed 140/485's with sub labor?
 
How about if a new I140 application is sent with Substitute Labor? Will they accept the application?

Any one know, how long will they accept Substitutes?
 
Why the hell you are giving worries to the peoples...ignore this until it's a rule ...it's just a proposal so don't scare of it until it's rule...
 
How soon can it come to effect?

HI,

Please check the following article in immigration-law.com that says that OMB has approved DOL's proposal to eliminate labor substitution on Aug 10th

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

To make it a final rule, does they have to publish in federal registry for comments or can they directly make it a rule with immediate effect next week?

What is the minimum amount of time that they will take for bringign this rule into effect?

Please help me with the info you know.

Thanks In Advance
 
Labour substitution is still there

phani78 said:
HI,

Please check the following article in immigration-law.com that says that OMB has approved DOL's proposal to eliminate labor substitution on Aug 10th

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

To make it a final rule, does they have to publish in federal registry for comments or can they directly make it a rule with immediate effect next week?

What is the minimum amount of time that they will take for bringign this rule into effect?

Please help me with the info you know.

Thanks In Advance
 
Hi Phani & Sri
This Has Not Become Rule Yet. Do Not Worry If You Have Any Approved Labor Go Ahead And File It .it Will Take Few Month To Come Into Affect.
But Do Not Take This Easily Because Dol Is Very Serious On This Issue They May Request White House To Move Forward Very Quickly To Make This Rule In Affect.
Good Luck
 
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