Closer to Reality: U.S. Department of Labor Rule Governing Alien Substitution, Attorney Fee Payments, and Labor Certification Validity

On April 27, 2007, the Office of Management and Budget concluded its review of the following proposed DOL regulations. These rules, if finalized, would:

1. bar the “substitution” of foreign nationals in labor certification proceedings; 
2. bar the payment by the foreign national of the employer’s attorney’s fees and other labor certification costs; 
3. limit the validity of a labor certification to a 45-day period; and 
4. enhance penalties for violations of labor certification regulations.

With this review complete, the DOL has included the regulation in its catalog of regulations for final review. Although the DOL has neither published a final regulation nor established an effective date, it is expected that the DOL will do so soon.