WHat will be the impact ..........
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OMB Approved DOL's Proposed Rule to Eliminate Substitution of LC and 45-Day Cap for Approved LC
On August 10, 2005, the OMB cleared the DOL's proposed rule entitled Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse for publishing in the federal register. In this rule, the DOL is proposing changes 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 DOL is proposing to (1) 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 (2) 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 (3) 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).
Considering the recent DOL policy change to prevent labor certification frauds, it is anticipated that this proposed rule will be published in the federal register very swiftly. Please stay tuned to this website for the development of this rule-making.