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| Department of Labor Ends Substitution of Foreign Employees on Labor Certifications |
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| Written by Christina Paradowski | |
| Monday, 21 May 2007 | |
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Effective July 16, 2007, the current practice of “substitution”, through which an employer can replace one alien applicant with another without the risk of losing his place in the processing line, will be eliminated. This new rule will apply to both pending permanent labor certification as well as approved labor certifications.
Second, under this new rule, employers must file within 180 days to the Department of Homeland Security permanent labor certification to support the Immigrant Petition for Alien Worker (Form I-140).
Finally, the new rule will also prevent employers who sponsor foreign workers from recovering expenses related to that worker. Therefore, the employer will be required to pay certain legal fees associated with the permanent labor certification process, such as the costs of preparing, filing, and obtaining certification.
For any of our readers who wish to view the rule, please visit the following link: http://www.regulations.gov/fdmspublic/component/main
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