How does the Department define “sale, barter, or purchase” of a labor certification?
No application for labor certification or approved labor certification may be sold, bartered, or purchased as of July 16, 2007. A “sale” means an agreement between a seller and a buyer to transfer ownership of a labor certification in consideration of monetary payment or promise of monetary payment. “Barter” means the transfer of ownership of a labor certification from one person to another by voluntary act or agreement in exchange for a commodity, service, property, or other valuable consideration. “Purchase” means the voluntary agreement to transfer ownership of a labor certification from one person to another based on valuable consideration. The Final Rule adds these definitions to ยง656.3.
