Dept. of Labor Proposes to Eliminate Labor Certification Beneficiary Substitutions

The Department of Labor (DOL) is proposing to eliminate the current practice of allowing the substitution of beneficiaries on permanent labor certification applications and resulting certifications. Also, the DOL proposes a 45-day limit for employers to file approved permanent labor certifications in support of an immigrant visa petition with U.S. Citizenship and Immigration Services.

The proposed rule, published in the Federal Register on February 13, 2006, would also expressly prohibit the sale, barter, or purchase of permanent labor applications and certifications, as well as other related payments. Finally, the rule highlights existing law pertaining to the submission of fraudulent or false information, clarifying current DOL procedures for responding to possible fraud and adding procedures for debarment from the permanent labor certification program.

The DOL is soliciting comments on the proposed provisions. Interested persons are invited to submit written comments on the proposed rule by April 14, 2006.

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