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DHS/USCIS RIN: 1615-AB34 Publication ID: Fall 2008 
Title: Employment Based Immigrants--Elimination of Beneficiary Substitution on Approved Labor Certifications and Validity Period of Approved Labor Certifications 
Abstract: DHS and the Department of Labor’s Employment and Training Administration (DOL) are proposing changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. DHS is considering the elimination of the current practice of allowing the substitution of alien beneficiaries on permanent labor certifications, among other options. In addition, DHS is proposing to reduce further the likelihood of the submission of malafide Form I-140, Immigration Petition for Alien Worker, which are employment-based petitions that are supported by fraudulent or stale labor certification applications for the permanent employment of aliens in the United States by proposing a 45-day period for employers to file approved permanent labor certifications in support of Form I-140 petitions with DHS after the issuance of an approved labor certification by DOL. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 2   
Legal Authority: 8 USC 1101    8 USC 1103    8 USC 1151    8 USC 1153 and 1154    8 USC 1182    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2008    
NPRM Comment Period End  12/00/2008    
Additional Information: CIS No. 2347-05
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Sophia Cox
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW., 2nd Floor,
Washington, DC 20529
Phone:202 272-1522
Email: sophia.cox@dhs.gov