labor lawAdivision of labor law center

Employers should be aware of new regulations imposed by the US Department of Labor affecting permanent labor certification applications by certain employers.

 

The Labor Department announced in late July that it has begun stricter control of all pending permanent labor certification applications filed by the Cohen & Grigsby law firm. Under these new precautions, the agency will assign a supervisor to review all applications.

 

This precaution comes amid charges that Cohen & Grigsby displace jobs for American workers. The firm allegedly encouraged employers not to follow the proper procedures to interview and hire qualified US workers for positions, before granting work visas to immigrants.

 

Cohen & Grigsby is a law firm based in Pittsburgh, Pennsylvania. While the firm touts services in intellectual property, international business, litigation, and real estate, its work in labor and employment – specifically, immigration – that is coming under scrutiny.

 

The firm also has offices in Bonita Springs, Florida and Naples, Florida. The firm claims to use progressive law to emphasize problem solving and client service with “proactive strategies and solutions that are open, accessible and highly responsive.”

 

Supervised recruitment requires the employer to receive advance approval from the department for all required recruiting efforts to ensure that US workers are fully considered for all available positions.

 

This action comes as the US Department of Labor is increasingly cracking down on employers who try to skirt the law regarding immigrant work visas. Earlier this year, the Department implemented stricter regulations of several law firms, for the same reason. 

 

“Supervised recruitment is one of many tools the department uses to safeguard the integrity of the permanent labor certification process and protect job opportunities for American workers,” said Solicitor of Labor Gregory F. Jacob. “The department takes seriously its statutory responsibility to ensure that American workers have access to jobs they are qualified and willing to do.”

 

Last year, the department began auditing applications filed by Cohen & Grigsby as a result of information indicating the firm may have improperly advised its clients regarding the recruitment of U.S. workers. Because of concerns identified in the audits, the department is requiring supervised recruitment for certain applications filed by Cohen & Grigsby.

 

The Immigration and Nationality Act requires the secretary of labor to certify that there are not sufficient U.S. workers who are able, willing, qualified and available for an open position prior to an alien being permanently admitted to the country to fill it. The department’s regulations require employers to “test” the labor market for U.S. workers in a manner that is open, fair and not biased toward foreign workers, including temporary foreign workers already employed by the employer seeking the permanent labor certification.

 

 

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