[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR656.30]

[Page 689-690]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
                 Subpart C--Labor Certification Process
 
Sec. 656.30  Validity of and invalidation of labor certifications.

    (a) Except as provided in paragraph (d) of this section, a labor 
certification is valid indefinitely. Labor certifications for Household 
Domestic Service Workers and teachers which were granted under the 
previous regulations at 29 CFR part 60 and which lapsed after one year, 
shall be deemed automatically revalidated on the effective date of this 
part.
    (b) (1) Labor certifications involving job offers shall be deemed 
validated as of the date of the local Employment Service office date-
stamped the application; and
    (2) Labor certifications for Schedule A occupations shall be deemed 
validated as of the date the applications were dated by the Immigration 
or Consular Officer.
    (c) (1) A labor certification for a Schedule A occupation is valid 
only for the occupation set forth on the Application for Alien 
Employment Certification form, the alien for whom certification was 
granted, and throughout the United States unless the certification 
contains a geographic limitation.
    (2) A labor certification involving a specific job offer is valid 
only for the particular job opportunity, the alien for whom 
certification was granted, and for the area of intended employment 
stated on the Application for Alien Employment Certification form.
    (d) After issuance labor certifications are subject to invalidation 
by the INS or by a Consul of the Department of State upon a 
determination, made in accordance with those agencies, procedures or by 
a Court, of fraud or willful misrepresentation of a material fact 
involving the labor certification application. If evidence of such fraud 
or willful misrepresentation becomes known to a RA or to the Director, 
the RA or Director, as appropriate, shall notify in writing the INS or 
State Department, as appropriate. A copy of the notification shall be 
sent to the regional or national office, as appropriate, of the 
Department of Labor's Office of Inspector General.
    (e) Certifying Officers shall issue duplicate labor certifications 
only upon the written request of a Consular or

[[Page 690]]

Immigration Officer. Certifying Officers shall issue such duplicate 
certifications only to the Consular or Immigration Officer who submitted 
the written request. An alien, employer, or an employer or alien's 
agent, therefore, may petition an Immigration or Consular Officer to 
request a duplicate from a Certifying Officer.

[45 FR 83933, Dec. 19, 1980, as amended at 56 FR 54930, Oct. 23, 1991]