20 C.F.R. § 656.11
Substitutions and modifications to applications
(a) Substitution or change to the identity of an alien beneficiary on any application for permanent labor certification, whether filed under this part or 20 CFR part 656 in effect prior to March 28, 2005, and on any resulting certification, is prohibited for any request to substitute submitted after July 16, 2007.
(b) Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2009–2022 · leading case: Lee v. United States Citizenship & Immigr. Servs., 592 F.3d 612 (4th Cir. 2010).
Lee v. United States Citizenship & Immigr. Servs., 592 F.3d 612 (4th Cir. 2010). “27904, 27944 (May 17, 2007); 20 C.F.R. § 656.11 (a) (2009). The new rule, however, does not affect substitutions approved by the DOL before the effective date of July 16, 2007.”
IQ Sys., Inc. v. Mayorkas, 667 F. Supp. 2d 105 (D.D.C. 2009). “27904, 27944 (May 17, 2007) (adding 20 C.F.R. § 656.11 ). On August 15, 2007, IQ Systems filed an 1-140 visa petition with USCIS on behalf of Mr.”
Kar Onn Lee v. Holder, 701 F.3d 931 (2d Cir. 2012). “” Lee argues that because this regulation “became effective after USCIS approved [his] substitution on July 5, 2007, it is clear that DOL did not intend to bar [his] substitution.”
See, Inc. v. Scalia (D.D.C. 2022). “18 at 27; see also 20 C.F.R. §§ 656.11 (b) & 656.24(g)(2). The Board of Alien Labor Certification Appeals (“Board”) affirmed.”
Iq Sys. Inc. v. Aytes (D.D.C. 2009). “27904 , 27944 (May 17, 2007) (adding 20 C.F.R. § 656.11 ). On August 15, 2007, IQ Systems filed an I-140 visa petition with USCIS on behalf of Mr.”
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