United States Citizenship and Immigration Services (“USCIS”) is implementing new procedures for filing permanent employment petitions (Form I-140) that require an approved labor certification application from the Department of Labor (“DOL”). These procedural changes are in response to the DOL’s new rule regarding Labor Certifications, which takes effect on July 16, 2007.
The DOL’s new rule prohibits substitution of employees on any permanent labor certification application after the application has been filed with DOL and impacts when a Form I-140 petition should be filed with USCIS. Beginning July 16, 2007, approved labor certifications and Form I-140 petitions will have to be filed within 180 days of the approval of the labor certification in order for the labor certification to remain valid. Any labor certification approved prior to July 16, 2007 must be filed with USCIS in support of an I-140 petition within 180 days after the effective date of the DOL final rule in order for the certification to remain valid.
Read the USCIS New Rules: I-140’s & Labor Certifications.