we have an approved Labor certification from dol. but the person mentioned in that form is not available and we have found another person with the same qualities. I am wondering if we can use the existing approved dol for that position but with a different person for I140 form?
green card category is skilled worker
Until about 2008, it was permitted to do that. But no longer.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
No. "Substitution of Alien" (on approved labor certifications) has been terminated back in 2008 and is no longer allowed.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
No the PERM is for the specific person. No way to do that.
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