This is a reminder to our clients that the Department of Labor new rules issued on May 7, 2007 on labor certification will take effect on July 16, 2007. In summary, the new rules contains the following important provisions:
(1) Certified labor certifications are valid for only 180 days. Employers now have 180 calendar days only to file I-140 after the labor certification is certified. This rule applies to all labor certifications filed on or after July 16, 2007.
(2) All costs related to labor certification when attorneys are used have to be paid by the employer only. The employers are not allowed to pass the costs to the alien employee. Such costs include recruitment and advertising costs, and all attorneysĄŻ fees. However, this exclusive fee payment burden is limited only to the labor certification application, and it does not extend to I-140 or the following application for permanent residence.
(3) Employers will no longer be allowed to substitute aliens on approved labor certifications.
(4) No modification is allowed to labor certification applications once they were filed. If the employer wishes to make changes to the filing, the employer must withdraw the labor certification, correct the mistake, and re-file the application.
(5) Approved labor certification can not be purchased, sold, or exchanged.
(6) Fraud, willfully providing false statements, or noncompliance with PERM requirements will be subject to punishment in the form of debarment, which means that an individual or entity will not be allowed to apply for labor certification for a specified period of time.