The U.S. Department of Labor (DOL) will publish some new regulations regarding prohibition of substitution of aliens on labor certification applications and limited validity period for labor certifications. These new regulations will take effect from July 16, 2007. Here is the summary of the regulations:

1. The new regulation terminates the practice of substituting beneficiaries in labor certification cases. Under current regulations, an employer may request substitution of the alien beneficiary on an approved labor certification application. However, this new prohibition will not affect any substitutions that are approved either by the DOL or the USCIS prior to the effective date of the regulation (July 16, 2007). This new rule applies to all labor certifications, whether pending or approved as of July 16, 2007, and whether filed under PERM or the pre-PERM system.

2. Expiration of Labor Certification: 180-Day Rule

Under current rules, a labor certification (LC) does not have an expiration date, and a beneficiary can submit immigration petitions at any time after the LC is approved. Under the new rule, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs approved before July 16, 2007, the beneficiary must file the I-140 petition within 180 days of July 16, 2007.

Zhang & Associates, P.C.
Always Deliver the Best!
Houston：7324 Southwest Freeway, Suite 1088, Houston, TX 77074
Chicago：6 E. Monroe St. Suite 602, Chicago, IL 60603
New York： 1350 Broadway, Suite 1710, New York, NY 10018
Tel：1-800-230-7040
Email: @hooyou.com">info@hooyou.com
Website: http://www.hooyou.com