14.1 Will the new rule permit the Certifying Officer to revoke an approved labor certification?

Yes. While the proposed rule would have granted the CO limited authority to revoke an approved labor certification that had been “improvidently granted,” the final rule goes farther and provides that an approved labor certification can be revoked if the CO finds that the labor certification “was not justified.” This means that the CO can revoke a labor certification based on any ground that could have resulted in a denial of the original application, whether unintentional or willful, such as fraud, willful misrepresentation or obvious errors. The process will be for the Certifying Officer to send the employer a Notice of Intent to Revoke containing a detailed statement of the grounds for revocation. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. While the proposed rule had included a one-year time limit on CO revocations, the final rule provides that there is no time limit on the authority of the CO to revoke a labor certification. A labor certification may also be invalidated by the Department of Homeland Security or the Department of State.