SUMMARY: The Department of Labor (DOL or Department) is amending its
regulations to enhance program integrity and reduce the incentives and
opportunities for fraud and abuse related to the permanent employment
of aliens in the United States.
This Final Rule includes several major provisions. It prohibits the
substitution of alien beneficiaries on permanent labor certification
applications and resulting certifications. The Final Rule 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 hereafter) with the Department of Homeland
Security (DHS). The rule prohibits the sale, barter or purchase of
permanent labor certifications and applications. In addition, this rule
requires employers to pay the costs of preparing, filing and obtaining
certification. An employer's transfer to the alien beneficiary of the
employer's costs incurred in the labor certification or application
process is strictly prohibited. The rule makes clear an alien may pay
his or her own legitimate costs in the permanent labor certification
process, including attorneys' fees for representation of the alien. The
rule also reinforces existing law pertaining to the submission of
fraudulent or false information and clarifies current DOL procedures
for responding to incidents of possible fraud. Finally, the rule
establishes procedures for debarment from the permanent labor
certification program.
Consistent with the proposed rule, the provisions in this Final
Rule apply to permanent labor certification applications and approved
certifications filed under both the Program Electronic Review
Management (PERM) program regulation effective March 28, 2005, and
prior regulations implementing the permanent labor certification
program. This rule also clarifies the Department's ``no modifications''
policy for applications filed on or after March 28, 2005, under the
new, streamlined PERM process.
DATES: This Final Rule is effective July 16, 2007.
DATES: This Final Rule is effective July 16, 2007.