The U.S. Department of Labor has published a final rule that it says will improve program integrity and close opportunities for fraud in the employment certification of non-U.S. citizens for permanent residence in the United States.
The final regulation eliminates the current practice of substitution of alien beneficiaries on both permanent labor certification applications and approved labor certifications.
Procedures for Department of Labor debarment of any employer found to be acting fraudulently have been included in the rule, as well. Provisions also expressly call for the prohibition of the sale, barter, or purchase of permanent labor applications and certifications, and other related payments.
The rule ends substitution, which occurs when employers replace one alien applicant with another without losing their places in the processing line. This new prohibition applies to alien beneficiaries on permanent labor applications or certifications, including those pending review in the Labor Department's Backlog Processing Centers.
The regulation also bans sponsoring employers from recouping foreign workers' costs, including those of legal counsel, related to preparing, submitting, and obtaining a permanent labor certification. In addition, this provision precludes fee collection through payroll deductions and other means, such as lump sum payments.
The final rule appears in the May 17, 2007, edition of the Federal Register.
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