The Office of Foreign Labor Certification (OFLC) has issued a second round of FAQs in response to issues stemming from the final fraud rule published in May 2007. The rule includes such provisions as the following:
- Prohibits the substitution of alien beneficiaries on permanent labor certification applications and resulting certifications.
- Provides a 180-day validity period for approved labor certifications; employers will have 180 calendar days within which to file an approved permanent labor certification in support of a Form I–140 Immigrant Petition for Alien Worker (Form I–140) with DHS.
- Prohibits the sale, barter or purchase of permanent labor certifications and applications.
- Requires employers to pay the costs of preparing, filing and obtaining certification.