Does the Proposed Regulation Change on
Labor Certification Substitution Will Affect My Case?

Dr. William:

My employer filed an I-140 petition for a previous employee with an approved Labor Certification a year ago. During the I-140 pending period, my employer withdrew the I-140 petition for an unexpected reason. 

As a substituted beneficiary of the approved Labor Certification, I used the Labor Certification for my I-140 application, and currently no decision has been made by USCIS on my I-140 petition. Does the proposed regulation change on Labor Certification substitution will affect my case?


Answer:

The proposed regulation change on Labor Certification substitution will not affect substitutions approved prior to the final rule's effective date. If the USCIS has issued a revocation letter for the previous employee's I-140 petition based on an approved Labor Certification, and your I-140 petition based on a substituted Labor Certification is still pending, your case can be considered as a case of approved substitution prior to the final rule's effective date. 

In this situation, the Labor Certification substitution which has been approved prior to the final rule's effective date may not be affected by the proposed regulation change on Labor Certification substitution.

 

 

 

 

 

     

 

 

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