Notice – Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity; Final Rule

May 17, 2007

ETA REGIONAL INFORMATION ALERT 088-07

ORIGINATING OFFICE: Region 5

SUBJECT: Notice – Labor Certification for the Permanent Employment of Aliens in the United States ; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity; Final Rule

PROGRAM(S): Labor Certification

1. Purpose. To transmit a notice of a Final Rule amending regulations to enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States

2. References. Federal Register, Vol. 72, No. 95, May 17, 2007, pp. 27904-27947; 13 CFR 121; 20 CFR 656; 29 CFR 18; INS Form I-140 Immigrant Petition for Alien Worker; INS Form I-485 Application to Register Permanent Residence or Adjust Status; Immigration and Nationality Act, sections 203, 212, 218, 245, 258; [8 U.S.C. 1182(a)(5)(A)]; 56 FR 54920, 54925 and 54926; 67 FR 30466; 69 FR 77326, 77328, 77329, 77363, 77364, 77389 and 77390; 71 FR 7656 and 7660; USCIS Adjudicators Field Manual, section 22.2(b)(6); American Competitiveness in the Twenty-First Century Act (AC21) [Pub.L. 106-313]; ETA Forms 750 and 9089 Application for Permanent Employment Certification; 5 U.S.C. 553(b); Immigration Act of 1990 [Pub.L. 101-649, 104 Stat. 104-4978 (1990)]; Immigration Nursing Relief Act of 1989 [Pub.L. 101-238, 103 stat. 2099 (1989)]; Nursing Relief for Disadvantaged Areas Act of 1999 [Pub.L. 106-95, 113 Stat. 1312 (1999)]; Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 [Pub.L. 109-423, 120 Stat. 2900 (2006)]; Immigration Reform and Control Act of 1986 [Pub.L. 99-603, 100 Stat. 3359 (1986)]; Regulatory Flexibility Act [5 U.S.C. 609(b)]; Small Business Act; O*NET on-line summary - Human Resources Manager; Unfunded Mandates Reform Act of 1995; Executive Orders 12866, 12988 and 13132; OMB Circular A-4; Small Business Regulatory Enforcement Fairness Act of 1996; Paperwork Reduction Act; Administrative Procedures Act; Catalog of Federal Domestic Assistance Number 17.203;

3. Links. This Alert is in the Regional Resources website archive at: http://www.doleta.gov/regions/regionalresources/

Link to the Federal Register attachment (.pdf)

4. Substance. This Final Rule amends the regulations at 20 CFR 656 to enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States . The Rule is effective July 16, 2007.

5. Action: State Workforce Agency administrators are requested to share this Information Alert with appropriate staff and other agencies

6. Contact. Comments or questions about the Final Rule may be directed to William Carlson on 202.693.3010. Comments or questions about the format of this Alert may be directed to Tom Coyne on 312.596.5435.

7. Expiration Date. Continuing

8. Attachment. Federal Register, Vol. 72, No. 95, May 17, 2007, pp. 27904-27947