labor lawAdivision of labor law center

Employers should be aware that the U.S. Department of Labor recently announced a new audit of permanent labor certification applications. The department is initially targeting employers who used the law firm Fragomen, Del Rey, Bernsen & Loewy, LLP. The DOL has uncovered evidence of improprieties in a number of cases involving this firm. As a result, they are scrutinizing every visa the firm has been involved in.

 

According to sources at the US DOL who prefer not to be named, attorneys at Fragomen, Del Rey, Bernsen & Loewy instructed their clients to contact their attorney before hiring a qualified US citizen applicant. The implication is that the firm influenced employers to deny jobs to US citizens, or coached them on tactics to justify hiring immigrants, instead.

 

The audit will determine which applications for permanent labor certification should be denied or place under US DOL supervision due to improper attorney involvement in the recruiting process.

 

“The department’s decision to further investigate these applications will help ensure the integrity of the permanent labor certification process and ultimately protect job opportunities for American workers,” said Gregory F. Jacob, solicitor of labor. “The department takes seriously its responsibility to ensure that Americana workers have access to jobs they are qualified and willing to do and that their wages and working conditions are not adversely affected by the hiring of foreign workers.”

 

The DOL emphasizes that there is no legitimate reason for an employer to consult the immigration attorney before hiring a qualified US worker. In fact, it’s against the law.

 

The permanent labor certification process was established by the Immigration and Nationality Act. It allows employers to sponsor aliens for permanent residence – to help them secure a “green card” – when there is no qualified, willing and available US workers to fill the position. US DOL regulations set detailed procedures that employers must follow to demonstrate that no qualified US workers can be found.

 

Under federal immigration law, employers can sponsor alien workers only if there are no qualified applicants who are US citizens or permanent residents. The regulations specify that an immigration lawyer cannot be a part of the recruitment process. The regulations make an exception for a company employee or corporate attorney who is routinely part of the recruitment process. 

 

Fragomen, Del Rey, Bernsen & Loewy, LLP deny any wrongdoing. The company bills itself as the nation’s “leading provider of immigration services.”

 

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