May 18, 2005

Substitutions in Labor Certification Cases May End

The Department of Labor has forwarded to the Office of Management and Budget (OMB) for review a proposed rule titled "Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse."

It is believed, but not confirmed, that this rule would seek to curtail or eliminate the substitution of beneficiaries in labor certification applications. In general, once a regulation is sent to OMB, there is a 90 day review period accorded to it, although the actual review may end sooner. The regulation might then be withdrawn, revised or approved. If it is approved, it returns to the agency for final signature, after which it is forwarded to the Federal Register for publication.

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