DOL Proposes 45-day Limit on Duration of Labor Cert Validity, and Ban on Alien Payment of Attorney Fees for Labor Certs

71 Fed. Reg. 7656 (February 13, 2006)

The U.S. Department of Labor (DOL) published a proposed rule titled "Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse, and Enhancing Program Integrity."

Under the proposal, a major procedural change would require an approved Permanent Alien Labor Certification to be used (i.e., filed with an I-140) within 45 days of its approval. All labor certifications approved prior to the eventual final rule’s effective date would expire within 45 calendar days of that effective date. Under the current rule, there is no limit to the validity of an approved labor certification.

The proposal would also eliminate the current practice of allowing substitution of beneficiaries on applications and approved labor certifications. The proposed rule also includes a specific ban on the sale, barter, or purchase of labor certifications; it also proposes new rules and penalties covering submission of fraudulent or false information.

Finally, it proposes "a complete prohibition on employers being reimbursed for the expenses they incur in acquiring permanent labor certifications, including payment by the alien of the employer’s attorney’s fees."

Read NAFSA's comments to DOL on the proposed rule.

A final rule that made substantial changes to this proposal was published at 72 Fed. Reg. 27904 (May 17, 2007). The final rule is effective July 16, 2007.AMDOC #: 200602005