No more labor substitution from July 17th....
- Thread starter Aakash28
- Start date
Want GC Soon
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Where is this info
that substitute labors will not be accepted?
Also if it is removed then will that affect existing substitute applications?
that substitute labors will not be accepted?
Also if it is removed then will that affect existing substitute applications?
http://www.ilw.com/immigdaily/news/2007,0517-substitution.pdf
I learned about it on the AC21 forum. It's a long document but just read the page 1 summary:
SUMMARY: The Department of Labor (DOL or Department) is amending its
regulations to enhance program integrity and reduce the incentives
and opportunities for fraud and abuse related to the permanent
employment of aliens in the United States.
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 'i-r an apprc ;ed
permanent labor certification in support of a Form 1-140 Immigrant
Petition for Alien Worker (Form 1-140 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.
Consistent with the proposed rule, the provisions in this Final Rule
apply to permanent labor certification applications and approved
certifications filed under both the Program Electronic Review
Management (PERM) program regulation effective March 28, 2005, and
prior regulations implementing the permanent labor certification
program. This rule also clarifies the Department's 'no modifications"
policy for applications filed on or after March 28, 2005, under the
new, streamlined PERM process.
DATES: This Final Rule is effective July 16, 2007
I learned about it on the AC21 forum. It's a long document but just read the page 1 summary:
SUMMARY: The Department of Labor (DOL or Department) is amending its
regulations to enhance program integrity and reduce the incentives
and opportunities for fraud and abuse related to the permanent
employment of aliens in the United States.
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 'i-r an apprc ;ed
permanent labor certification in support of a Form 1-140 Immigrant
Petition for Alien Worker (Form 1-140 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 rulemakes 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.
Consistent with the proposed rule, the provisions in this Final Rule
apply to permanent labor certification applications and approved
certifications filed under both the Program Electronic Review
Management (PERM) program regulation effective March 28, 2005, and
prior regulations implementing the permanent labor certification
program. This rule also clarifies the Department's 'no modifications"
policy for applications filed on or after March 28, 2005, under the
new, streamlined PERM process.
DATES: This Final Rule is effective July 16, 2007
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