DOL's ETA published a first round of Frequently Asked Questions to clarify aspects of the DOL rule on 180 day validity, substitution, and improper payments, effective July 16, 2007. Highlights of the FAQ include:

  • Pursuant to 20 CFR 656.11(a), DOL will consider a request for substitution made prior to July 16, 2007, even if it does not make a determination or complete action on that request until after July 16, 2007.
  • The rule prohibits reimbursement agreements that require the alien to reimburse the employer for expenses associated with the labor certification process. "If, for example, a reimbursement agreement would require the employee to reimburse the employer for some or all of the attorneys’ fees it incurred associated with preparing, filing and obtaining the labor certification, such reimbursement agreement would violate the Final Rule."
  • The FAQ addresses what employers and attorneys should do if they entered into contracts where payments from aliens are either owed after July 16, or owed prior to July 16 but not paid until after July 16. Whether the payment obligation accrued prior to July 16 is relevant in the guidance.
  • The FAQ says the regulations do not permit an attorney paid by the alien for personal representation to voluntarily represent the employers on a pro bono basis.
  • The FAQ also reviews when an approved labor certification expires.