United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2007_register executive 2010-09-22 article Part II Rules and Regulations D09002ee1c80aff4f D09002ee1c80b0067 United States Department of Labor originator org United States Government Agency or Subagency United States Employment and Training Administration originator org United States Government Agency or Subagency The Department of Labor (DOL or Department) is amending its regulations to enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. This Final Rule includes several major provisions. It prohibits the substitution of alien beneficiaries on permanent labor certification applications and resulting certifications. The Final Rule provides a 180-day validity period for approved labor certifications; employers will have 180 calendar days within which to file an approved permanent labor certification in support of a Form I-140 Immigrant Petition for Alien Worker (Form I-140 hereafter) with the Department of Homeland Security (DHS). The rule prohibits the sale, barter or purchase of permanent labor certifications and applications. In addition, this rule requires employers to pay the costs of preparing, filing and obtaining certification. An employer's transfer to the alien beneficiary of the employer's costs incurred in the labor certification or application process is strictly prohibited. The rule makes clear an alien may pay his or her own legitimate costs in the permanent labor certification process, including attorneys' fees for representation of the alien. The rule also reinforces existing law pertaining to the submission of fraudulent or false information and clarifies current DOL procedures for responding to incidents of possible fraud. Finally, the rule establishes procedures for debarment from the permanent labor certification program. Consistent with the proposed rule, the provisions in this Final Rule apply to permanent labor certification applications and approved certifications filed under both the Program Electronic Review Management (PERM) program regulation effective March 28, 2005, and prior regulations implementing the permanent labor certification program. This rule also clarifies the Department's "no modifications" policy for applications filed on or after March 28, 2005, under the new, streamlined PERM process. 72 FR 27904 https://www.govinfo.gov/app/details/FR-2007-05-17/E7-9250 E7-9250 fr17my07-15 RIN 1205-AB42 4510-FP-P https://www.govinfo.gov/app/details/FR-2007-05-17/E7-9250 https://www.govinfo.gov/content/pkg/FR-2007-05-17/html/E7-9250.htm https://www.govinfo.gov/content/pkg/FR-2007-05-17/pdf/E7-9250.pdf Administrative Practice and Procedure Aliens Employment Employment and Training Enforcement Fraud Health Professions Immigration Labor Passports and Visas Penalties Reporting and Recordkeeping Requirements Unemployment Wages Working Conditions 44 p. 27904 27947 72 FR 27904 Title 20 Part 656 20 CFR Part 656 RIN 1205-AB42 Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity; Federal Register Vol. 72, Issue RULE E7-9250 II DEPARTMENT OF LABOR Employment and Training Administration 2007-07-16 4510-FP-P E7-9250 Final Rule.

The Department of Labor (DOL or Department) is amending its regulations to enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. This Final Rule includes several major provisions. It prohibits the substitution of alien beneficiaries on permanent labor certification applications and resulting certifications. The Final Rule provides a 180-day validity period for approved labor certifications; employers will have 180 calendar days within which to file an approved permanent labor certification in support of a Form I-140 Immigrant Petition for Alien Worker (Form I-140 hereafter) with the Department of Homeland Security (DHS). The rule prohibits the sale, barter or purchase of permanent labor certifications and applications. In addition, this rule requires employers to pay the costs of preparing, filing and obtaining certification. An employer's transfer to the alien beneficiary of the employer's costs incurred in the labor certification or application process is strictly prohibited. The rule makes clear an alien may pay his or her own legitimate costs in the permanent labor certification process, including attorneys' fees for representation of the alien. The rule also reinforces existing law pertaining to the submission of fraudulent or false information and clarifies current DOL procedures for responding to incidents of possible fraud. Finally, the rule establishes procedures for debarment from the permanent labor certification program. Consistent with the proposed rule, the provisions in this Final Rule apply to permanent labor certification applications and approved certifications filed under both the Program Electronic Review Management (PERM) program regulation effective March 28, 2005, and prior regulations implementing the permanent labor certification program. This rule also clarifies the Department's "no modifications" policy for applications filed on or after March 28, 2005, under the new, streamlined PERM process.

This Final Rule is effective July 16, 2007. William L. Carlson, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210. Telephone: (202) 693-3010 (this is not a toll-free number). Administrative Practice and Procedure Aliens Employment Employment and Training Enforcement Fraud Health Professions Immigration Labor Passports and Visas Penalties Reporting and Recordkeeping Requirements Unemployment Wages Working Conditions Aliens; permanent employment in U.S.; labor certification: Fraud and abuse incentives and opportunities reduction; program integrity enhancement, http://online.onetcenter.org/link/summary/11-3040.00 http://www.oig.dol.gov/public/semiannuals/55.pdf http://www.whitehouse.gov/omb/circulars/a004/a-4.pdf Vol. 72, no. 95 Office of the Federal Register, National Archives and Records Administration 2007-05-17 continuing daily deposited born digital 239 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2007-05-17 P0b002ee180953fde 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr17my07 https://www.govinfo.gov/app/details/FR-2007-05-17 https://www.govinfo.gov/content/pkg/FR-2007-05-17/pdf/FR-2007-05-17.pdf https://www.govinfo.gov/content/pkg/FR-2007-05-17/xml/FR-2007-05-17.xml fdlp 27721 27947 DGPO 2010-09-22 2024-06-05 FR-2007-05-17 machine generated eng FR FR-2007-05-17 72 95