Labor Certification Substitution Regulation Effective July 16, 2007

In January of this year, the US Department of Labor (DOL) forwarded the final ruling for the elimination of the Labor Certification (LC) substitution to the Department of Budget (DOB) to regulate the application process. This regulation will take effect on July 16, 2007, which includes the elimination of the LC substitution, 180-Day Rule on expiration of LC, and prohibition on improper payment for LC filing.

After July 16^th, the practice of substituting the beneficiaries in LC cases will be no longer be allowed. This does not apply to LC substitutions approved and in progress as of July 16, 2007. This applies to all other LCs being processed or approved as of July 16, 2007.

The 180-Day rule will be applied to all new LCs affected by the regulation. This means that the LC under new regulation will expire in 180 days if no I-140 is filed to proceed with the case. Most importantly, the improper selling to the highest bidder of the LC will now be banned. Employers are no longer allowed to seek or receive payment of any kind for transactions related to the LC. The LC is to be paid for by the employer, however the beneficiary may opt to seek legal assistance at their own expense.