In response to an inquiry from AILA's USCIS Liaison Chair Shawn Orme, USCIS has indicated that it will accept labor certification substitution requests in the context of I-140 filings that it receives on Monday, July 16, 2007.

A previous memo had indicated that USCIS would reject all substitution requests filed on or after the effective date of the Labor Department's substitutions regulation. However, that regulation indicates that "...Substitution or change to the identity of an alien beneficiary on any application for permanent labor certification... is prohibited for any request to substitute submitted AFTER July 16, 2007..." (Emphasis supplied).
-Courtesy AILA