ARTICLE
24 June 2008

U.S. Labor Department Targets Employers And Lawyers For Perceived Immigration Fraud Then Backtracks

SS
Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
In a highly unusual June 2, 2008 press release issued before completion of investigation, the U.S. Department of Labor (DOL) announced that a major immigration law firm and all of its clients have become the subjects of a PERM .
United States Immigration

In a highly unusual June 2, 2008 press release issued before completion of investigation, the U.S. Department of Labor (DOL) announced that a major immigration law firm and all of its clients have become the subjects of a PERM labor certification audit.  PERM (an acronym for Program Electronic Review Management) is the DOL's online database for reporting the results of an employer's "test" of the U.S. labor market for any available U.S. workers. A "failure" in the PERM recruitment test is a precondition in order to obtain an employment-based green card for most foreign workers. The blanket DOL audit, announced before an investigation had been completed, immediately drew criticism from the American Immigration Lawyers Association.  The allegedly improper activity involved communications that some members of the law firm reportedly made to firm clients during the recruitment phase of pending PERM applications.  A few days later, however, the DOL issued a "clarification" which recognized the legitimate role that lawyers play in the labor-certification recruitment process.  For background on the controversy, see "Labor Department to Lawyers: 'You're Just Potted Plants,'" a June 23, 2008 article, co-authored by Angelo A. Paparelli and Ted J. Chiappari, in the New York Law Journal's "Immigration Column," available at this link.

As most in the immigration world know, the DOL is very concerned about fraud in the immigration process.  No ethical employers or lawyers would deny the importance of deterring fraud, and truly bad apples of course need to be removed from the barrel. Yet when DOL targets reputable lawyers and law firms and audits all of their clients for alleged conduct that the agency belatedly acknowledges is within the proper scope of the attorney-client relationship, then the objective of fraud-deterrence is actually impaired rather than facilitated.  Moreover, when the agency in the name of "program integrity" or "reform" seeks to minimize the role of lawyers, while continuing to promote a deeply-flawed PERM system and tolerate a role for unlicensed agents (consultants and notarios), then something is definitely wrong in Bureacracyland. 

To date, despite the agency's clarification concerning the proper scope of lawyer conduct in advising an employer during the PERM recruitment phase, there is no indication that the DOL has reversed the agency's decision to conduct the blanket audit.

www.entertheusa.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More