DOL Proposes Rule Changes to Combat Fraud in Permanent Labor Certification Program

The U.S. Department of Labor has announced proposed rule changes to combat fraud in the certification of non-U.S. citizens for permanent employment-based residence int he U.S.

"We continue to work closely with other federal agencies with immigration responsibilities to end fraudulent practices in the foreign labor certification process," commented Assistant Secretary of Labor for Employment and Training, Emily Stover DeRocco.

Under the Immigration and Nationality Act, before the Department of Homeland Security may approve petitions to the Department of State to issue permanent work visas for qualifying foreign-born persons to work in the U.S., the Secretary of Labor must certify there are not sufficient workers able, willing, qualified and available to perform the work and the employment of the alien will not adversely affect the wages and working conditions of U.S. workers in similar occupations.

Proposed changes would include the elimination of the current practice of allowing the substitution of alien beneficiaries on permanent labor certification applications, as well as on the approved labor certifications. The additional proposed changes look to clarify and add procedures for the debarment of any employer found to be acting fraudulently. The changes also call for the prohibition of the sale, barter or purchase of permanent labor applications and certifications and other related payments.

The complete proposal will appear in today's edition of the Federal Register, which can be found at http://www.gpoaccess.gov/fr/index.html. There will be a 60-day period for public comments.