The interim final rule provides that only the alien named on
the original Application for Alien Labor Certification may be the
beneficiary of a permanent alien labor certification. Another
alien beneficiary may not be substituted for the original alien.
Requests for substitution of alien received on or after November
22, 1991 are not processed. See 20 C.F.R. 656.30(c)(1) and
(2) (1991); 56 Fed. Reg. 54,920-22, 54,925-26 (1991).
In 78 Employers, 92-INA-46, 88 to 104, 107 to 123,
125 to 139, 141 to 147, 149 to 159, 181 to 184, 188, 215, 216,
221, 222, 224, 236 (May 19, 1992) (en banc) (per curiam),
the Board held that the interim final rule directs only a
prospective change in the treatment of substitution requests.
Thus, it was found that the CO had improperly refused to process
substitution requests received before November 22, 1991 on
approved labor certification applications.
At the time of publication an action was pending before the
United States District Court for the District of Columbia
challenging the validity of the substitution of aliens
regulations based on allegedly faulty notice and comment
rulemaking. Kooritsky v. Martin, Civil Action No.
91-3011-LFO.
