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Total Articles: 4

DOL Issues a New Bulletin on the Role of Attorneys in the PERM Process and Asserts Fragomen Lawsuit is Moot.

On August 29, the DOL issued a new Guidance Bulletin confirming the right of employers to seek counsel as part of the PERM labor certification process. The DOL went on to clarify the types of actions that are prohibited, namely: attorneys cannot conduct a preliminary screening of applicants before the employer, unless the attorneys always perform this function; and attorneys cannot participate in interviewing U.S. worker applicants unless they routinely perform this function. This clarifies and seemingly retreats from previously stated positions of the DOL. In addition, the DOL announced on its website on September 17 that all pending audits triggered exclusively by attorney consideration rule concerns are being released and will be processed in accordance with their original filing date.

DOL Requiring Supervised Recruitment For Clients Of Cohen & Grigsby Law Firm.

Federal government enforcement of immigration benefits requests also continue to increase. On July 8, the U.S. Department of Labor (DOL) announced that it was initiating department-supervised recruitment for all pending permanent labor certification (PERM) applications filed by the Pittsburgh-based Cohen & Grigsby law firm. Supervised recruitment requires the employer to receive advance approval from the DOL for all recruitment efforts to ensure that U.S. workers are fully considered for available positions. While the DOL can require supervised recruitment for a variety of reasons, the agency’s press release specified concerns the firm may have improperly advised its clients regarding the recruitment of U.S. workers.

DOL to Audit Permanent Labor Certifications filed by Fragomen Firm.

In a press release dated June 2, the U.S. Department of Labor (DOL) announced its intention to audit all permanent labor certification cases filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP.

Don’t Lose Your Labor Certification.

Pursuant to a regulation implemented by the Department of Labor last summer, all permanent labor certifications approved on or after July 16, 2007 must be filed within 180 calendar days of the approval. Likewise, all permanent labor certifications approved prior to July 16, 2007 must be filed within 180 calendar days of July 16, 2007. This means that employers have until Saturday, January 12, 2008 to file a permanent residence petition (Form I-140) for any labor certification approved on or before July 16, 2007.
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