Department of Labor Proposes A 45-Day Deadline for Labor Certification Applications

The Department of Labor intends to reduce the incentives and possibilities for fraud and abuse related to permanent employment of aliens by eliminating the practice of allowing the substitution of alien beneficiaries on applications and approved labor certification forms. In addition, the Department of Labor plans to reduce the possibility of fraud by implementing a 45-day deadline for employers to file approved labor certifications in support of their petitions with the Department of Homeland Security. This proposed change would prohibit the sale, barter or purchase of permanent labor certifications/applications, along with related payments. These amendments are relevant to employers using both Form ETA 750, the Application for Alien Employment Certification and Form ETA 9089, the Application for Permanent Employment Certification.

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