Proposed Changes on labor Certifications Regulations

Recently the Employment and Training Administration (ETA) of Department of Labor (DOL) published a notice of proposed rule about labor certifications. The main content is as follows:

  1. DOL is proposing to eliminate the current practice of allowing the substitutions of alien beneficiaries on permanent labor certification applications and resulting certifications.
  2. DOL is proposing a 45-day period for employers to file approved permanent labor certifications in support of a petition with the USCIS.
  3. The proposed rule expressly prohibits the sale, barter, or purchase of permanent labor applications and certifications, as well as other related payments.
  4. The proposed rule includes provisions highlighting existing law pertaining to 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.
Under this proposed regulation, these provisions to enhance program integrity and reduce fraud and abuse would be applicable to permanent labor certification applications and approved certifications filed under both the regulation effective March 28, 2005, and any prior regulation implementing the permanent labor certification program.


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