Advisory on Amendment of Backlog LC Application for Substitution of Alien Beneficiaries
As we posted yesterday, the pace of processing of backlog labor certification applications will substantially change beginning August 2006. Under the labor certification rule, people cannot request the DOL to amend the LC application to substitute the alien beneficiary once the labor certification is certified. The substitution of alien beneficiary can be done only through the USCIS as part of the I-140 petition process once the labor certification has been certified. Since the DOL and USCIS are currently in the process of rule-making on elimination of the amendment before certification and elimination of the substitution of alien beneficiary after the labor certification is granted effective release of the final rule on this subject, the amendment during the BEC labor certification process presents a golden opportunity to substitute the alien beneficiary before the application is certified on behalf of the original beneficiary. Considering the fact that the BEC intends to pick up the speed of processing of backlog cases, those employers who need substitution of alien beneficiaries should request the BEC for amendment to substitute the alien beneficiary for the pending application as soon as possible. The amendment procedure appears to be simplified than those that applied prior to March 28, 2005 in that the DOL does not have to return the original of the pending labor certification application to the employer for the employer to revise, date, initial, and return to the agency. Current procedure appears to allow the employer just request the substitution of the beneficiary in writing giving details of the pending application including case number and the details of the new alien beneficiary in ETA 750 Part B. DOL encourages the employers to file such amendment as soon as possible.