UNITED STATES DEPARTMENT OF LABOR
BOARD OF ALIEN LABOR CERTIFICATION APPEALS

Judges' Benchbook
Second Edition - May 1992


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CHAPTER 29

SUBSTITUTION OF ALIENS


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I. Substitution prohibited

I. Substitution prohibited

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.


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