C.F.R. » Title 20 » CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR › PART 656—LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES › Subpart C—Labor Certification Process

20 C.F.R. § 656.30

Validity of and invalidation of labor certifications

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(a) Priority date. (1) The filing date for a Schedule A occupation or sheepherders is the date the application was dated by the Immigration Officer.

(2) The filing date, established under § 656.17(c), of an approved labor certification may be used as a priority date by the Department of Homeland Security and the Department of State, as appropriate.

(b) Expiration of labor certifications. For certifications resulting from applications filed under this part and 20 CFR part 656 in effect prior to March 28, 2005, the following applies:

(1) An approved permanent labor certification granted on or after July 16, 2007 expires if not filed in support of a Form I-140 petition with the Department of Homeland Security within 180 calendar days of the date the Department of Labor granted the certification.

(2) An approved permanent labor certification granted before July 16, 2007 expires if not filed in support of a Form I-140 petition with the Department of Homeland Security within 180 calendar days of July 16, 2007.

(c) Scope of validity. For certifications resulting from applications filed under this part or 20 CFR part 656 in effect prior to March 28, 2005, the following applies:

(1) A permanent labor certification for a Schedule A occupation or sheepherders is valid only for the occupation set forth on the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089) and only for the alien named on the original application, unless a substitution was approved prior to July 16, 2007. The certification is valid throughout the United States unless the certification contains a geographic limitation.

(2) A permanent labor certification involving a specific job offer is valid only for the particular job opportunity, the alien 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 for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

(d) Invalidation of labor certifications. After issuance, a labor certification may be revoked by ETA using the procedures described in § 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.

(3) A duplicate labor certification shall be issued by the Certifying Officer with the same filing and expiration dates, as described in paragraphs (a) and (b) of this section, as the original approved labor certification.

[69 FR 77386, Dec. 27, 2004, as amended at 72 FR 27946, May 17, 2007]
Notes of Decisions
Cited in 42 cases (5 in the last 5 years), 1977–2023 · leading case: Samuel G. Kooritzky v. Robert B. Reich, Sec'y of Labor, 17 F.3d 1509 (D.C. Cir. 1994).
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Samuel G. Kooritzky v. Robert B. Reich, Sec'y of Labor, 17 F.3d 1509 (D.C. Cir. 1994). · cites it 6× “” See 20 C.F.R. § 656.30 (a). The employer’s next step is to submit the labor certification and a Petition for Immigrant Worker (Form 1-140) to the Immigration and Naturalization Service.”
Rajah, 25 I. & N. Dec. 127 (BIA 2009). · cites it 3× “See 20 C.F.R. § 656.30 (b)(1) (2009). Second, if the labor certification is approved, the employer files a Form I-140 (Immigrant Petition for Alien Worker) with the USCIS pursuant to sections 203(b)(2) and (3) and 204(a)(1)(F) of the Act, 8 U.”
Shashikant Patel v. United States Citizenship & Immigr. Servs., 732 F.3d 633 (6th Cir. 2013). · cites it 2× “20 C.F.R. § 656.30 (b). As a result, Deluxe Inn’s Form 9089 could not be used to support Comfort Inn’s I-140 application because No.”
Elim Church of God v. Hilda Solis, 722 F.3d 1137 (9th Cir. 2013). · cites it 6× “” 20 C.F.R. § 656.30 (a) (2002). 2 Thus, until 2006, a granted labor certification existed in a state unaffected by time.”
Nazario Castaneda-Gonzalez v. Immigr. & Naturalization Serv., 564 F.2d 417 (D.C. Cir. 1977). · cites it 2× “20 C.F.R. § 656.30 (d), published in 42 Fed.”
Lee v. United States Citizenship & Immigr. Servs., 592 F.3d 612 (4th Cir. 2010). “See 20 C.F.R. § 656.30 (c)(2) (2003). In accordance with this practice, the DOL permitted KBN to use the existing Labor Certification for the benefit of Sang Lee.”
Charles Che-Li Shen v. Immigr. & Naturalization Serv., 749 F.2d 1469 (10th Cir. 1984). · cites it 2× “We agree with Shen that the labor certification, even though it was based on Yang’s questionable affidavit, was never declared invalid by way of a determination “of fraud or willful misrepresentation of a material fact involving the labor certification application” pursuant to…”
Tongatapu Woodcraft Hawaii, Ltd. v. Sam I. Feldman, Dist. Dir., Immigr. & Naturalization Serv., 736 F.2d 1305 (9th Cir. 1984). “1977); 20 C.F.R. §§ 656.30 (d), .31(d), or that the Secretary of Labor abused his discretion in issuing the certification, Joseph v.”
Matter of Ballner, 140 A.D.3d 115 (N.Y. App. Div. 2016). “Once an employment certificate had been issued, respondent was required, under 20 CFR 656.30, to file an 1-140 petition with USCIS for legal permanent residency (green card petition) within 180 days.”
IQ Sys., Inc. v. Mayorkas, 667 F. Supp. 2d 105 (D.D.C. 2009). · cites it 3× “See 20 C.F.R. § 656.30 (c)(2) (version effective Mar.”
Durable Mfg. Co. v. United States Dep't of Labor, 578 F.3d 497 (7th Cir. 2009). “20 C.F.R. § 656.30 (b)(l)-(2) (2009). According to DOL, one reason for the new regulation was to curb the growing black market in labor certifications, wherein indefinitely valid labor certifications were traded and sold to the highest bidder.”
Sugule v. Frazier, 639 F.3d 406 (8th Cir. 2011). · cites it 2× “Because it is the agency regulation, not an act of Congress, that empowers the DHS to invalidate the labor certification, see 20 C.F.R. § 656.30 (d), the court retains its jurisdiction to review invalidation of the labor certification.”
Show all 42 citing cases →
— 20 C.F.R. § 656.30(a) — 2 cases
Medellin v. Bustos, 854 F.2d 795 (5th Cir. 1988).
Medellin v. Bustos, 854 F.2d 795 (5th Cir. 1988).
— 20 C.F.R. § 656.30(b)(2) — 1 case
Rahman v. Napolitano, 814 F. Supp. 2d 1098 (W.D. Wash. 2011).
— 20 C.F.R. § 656.30(c)(2) — 2 cases
Hassanali v. Attorney Gen., 599 F. Supp. 189 (D.D.C. 1984).
Sunoco Energy Dev. Co., 17 I. & N. Dec. 283 (BIA 1979).
— 20 C.F.R. § 656.30(d) — 2 cases
Patel, 16 I. & N. Dec. 444 (BIA 1978).
Black v. United States Citizenship & Immigr. Servs. (S.D. Cal. 2023).
— 20 C.F.R. § 656.30(e)(2) — 1 case
Sunoco Energy Dev. Co., 17 I. & N. Dec. 283 (BIA 1979).
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