A final rule eliminating substitution will be published in the Federal Register tomorrow. The Rule includes prohibition of substitution of aliens on labor certification applications, limited validity period for labor certifications, and payment of costs of obtaining the certification. Clearly, this news will cause several substitutions to be filed prior to July 16th (30 days from the date of publication). However, it is obvious from recent RFEs from the Nebraska Service that the USCIS is scrutinizing substitutions very carefully. Prudence demands caution under the circumstances.

Our Office will make the final rule available to clients as soon as it is available. Advance copies have been made available to the American Immigration Lawyers Association and are in circulation on the web.