August 18, 2005

DOL Proposed Changes

The DOL is proposing changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the DOL is proposing to eliminate allowing Substitutions on approved Labor Certifications.

Another proposal will require filing of I-140 petitions within 45 days of approval of the Labor Certification.

The proposed rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. DOL will also propose enforcement mechanisms to protect program integrity, including debarment with appeal rights. These proposed amendments would apply to all applications whether filed under PERM or the previous process.

Additionally, DOL has already instituted a policy disallowing more than one filing for an Alien by the same employer irrespective of the fact that the positions for each filing are different. Furthermore, once an application has been Certified in one Alien's name all other filings for the Alien will be denied if not withdrawn by the employer. If an application is Certified under the previous method and the PERM process the application filed under PERM will be revoked.

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