Important New Department of Labor Rules

PLEASE NOTE: Important New Department of Labor Rules

The Department of Labor (DOL) has just issued new rules which will be effective on July 16, 2007. These rules are important and will affect every employer who has filed or will file labor certifications. The new rules:

  • Prohibit substitution of alien beneficiaries on any permanent labor certification application, after the application has been filed with DOL. The prohibition will not affect substitutions approved by the DOL or U.S. Citizenship and Immigration Services (USCIS). It does not affect substitutions in progress prior to July 16, 2007.
  • Establish a 180-day filing period within which a DOL-approved labor certification must be filed with the USCIS in support of a Form I-140 petition. If an approved labor certification is not filed with the USCIS within180 days, the labor certification will expire and no longer be valid.
  • Require that all labor certifications approved PRIOR to July 16, 2007 must be filed with the USCIS, along with an I-140 petition by January 12, 2008. If the labor certification is not filed by then, the labor certification will expire.