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Content Last Revised: 04/01/2005 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Labor Certification Process for Permanent Employment of Aliens In the United States |
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| Labor Certification Process |
20 CFR 656.30 - Validity of and invalidation of labor certifications.
- Section Number: 656.30
- Section Name: Validity of and invalidation of labor certifications.
(a) Validity of labor certifications. Except as provided in
paragraph (d) of this section, a labor certification is valid
indefinitely.
(b) Validation date. (1) A labor certification involving a job offer
is validated as of the date the ETA application processing center date-
stamped the application or the date an electronically filed application
was submitted; and
(2) A labor certification for a Schedule A occupation is validated
as of the date the application was dated by the Immigration Officer.
(c) Scope of validity. (1) A labor certification for a Schedule A
occupation is valid only for the occupation set forth on the Application
for Permanent Employment Certification form and throughout the United
States unless the certification contains a geographic limitation.
(2) A labor certification involving a specific job offer is valid
only for the particular job opportunity and for the area of intended
employment stated on the Application for Permanent Employment
Certification form.
(d) Invalidation of labor certifications. After issuance, a labor
certification may be revoked by ETA using the procedures described in
Sec. 656.32. Additionally, after issuance, a labor certification is
subject to invalidation by the DHS or by a Consul of the Department of
State upon a determination, made in accordance with those agencies'
procedures or by a court, of fraud or willful misrepresentation of a
material fact involving the labor certification application. If evidence
of such fraud or willful misrepresentation becomes known to the CO or to
the Chief, Division of Foreign Labor Certification, the CO, or the Chief
of the Division of Foreign Labor Certification, as appropriate, shall
notify in writing the DHS or Department of State, as appropriate. A copy
of the notification must be sent to the regional or national office, as
appropriate, of the Department of Labor's Office of Inspector General.
(e) Duplicate labor certifications. (1) The Certifying Officer shall
issue a duplicate labor certification at the written request of a
Consular or Immigration Officer. The Certifying Officer shall issue such
duplicate labor certifications only to the Consular or Immigration
Officer who initiated the request.
(2) The Certifying Officer shall issue a duplicate labor
certification to a Consular or Immigration Officer at the written
request of an alien, employer, or an alien's or employer's attorney/
agent. Such request for a duplicate labor certification must be
addressed to the Certifying Officer who issued the labor certification;
must include documentary evidence from a Consular or Immigration Officer
that a visa application or visa petition, as appropriate, has been
filed; and must include a Consular Office or DHS tracking number.
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