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DOL/ETA RIN: 1205-AB42 Publication ID: Spring 2006 
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity 
Abstract: The Department of Labor and the Department of Homeland Security are simultaneously proposing changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is proposing to eliminate the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL is proposing to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The proposed rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. DOL will also propose enforcement mechanisms to protect program integrity, including debarment with appeal rights. These proposed amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089). 
Agency: Department of Labor(DOL)  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: 20 CFR 656   
Legal Authority: 8 USC 1182(a)(5)(A)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/13/2006  71 FR 7656   
NPRM Comment Period End  04/14/2006    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
John R. Beverly III
Administrator, Office of Foreign Labor Certification
Department of Labor
Employment and Training Administration
200 Constittution Avenue NW., Room C-4312, FP Building ,
Washington, DC 20210
Phone:202 693-3502
Email: beverly.john@dol.gov