Department Of Labor Final Rule: Drastic Changes to Labor Certification Practice

On May 17, 2007, the U.S. Department of Labor (DOL) published in the Federal Register its final rules regarding procedural matters at the core of its Alien Labor Certification program. These rules will have an effective date of July 16, 2007, and include the following major changes to current procedures:

• Commencing on the effective date, the employer must pay 100% of the costs (including recruitment fees and attorney fees) of preparing, filing and obtaining the labor certification. The transferring of these costs to the alien is prohibited, as is any reduction of wages—even if the alien consents. There is a provision permitting the alien to pay his or her own attorney’s fees incurred in protecting the alien’s rights, but this may not include the preparation or filing of the labor certification. This represents a sea change in existing practice; it is extremely controversial and may be challenged in federal court.