What is the scope of validity of a permanent labor certification for which a substitution request has been made?
As revised, §656.30(c)(2) states that a permanent labor certification is valid only for the particular job opportunity, the foreign worker named on the original application (unless a substitution was approved prior to July 16, 2007), and the area of intended employment stated on the application (either Form ETA 750 or Form ETA 9089). As the Department made clear in the Supplementary Information that accompanied the Final Rule, ‘approved’ for purposes of the substitution request means approved by DOL at the DOL stage in processing such a request. Pursuant to §656.11(a), the Department will consider a request for substitution made prior to July 16, 2007, even if it does not make a determination or complete action on that request until after the Final Rule’s effective date.
Related Questions
- If I decide to file a permanent labor certification, should a completed Prevailing Wage Request form be filed with the Application for Permanent Employment Certification, ETA-9089?
- What is the scope of validity of a permanent labor certification for which a substitution request has been made?
- What is the processing time for a permanent Labor Certification?
