Labor cert "fraud rule" now in effect

Effective July 16, 2007, the new Department of Labor fraud prevention regulation is now in effect.

This rule will have a dramatic impact on labor certifications in several ways:

• From now on, employers must pay all the costs of labor certification, including attorney fees and the cost of advertising. Employees can still pay costs associated with the I-140 and adjustment applications.
• Employers may not be reimbursed directly or indirectly by employees.
• Substitutions of beneficiaries on labor certifications are now prohibited on any I-140 filed after July 16, 2007.

The Department of Labor has established a dedicated email address to report violations of the new rule. The address is laborcert.fraud@dol.gov .