All Fragomen Permanent Labor Certifications to be Audited
On June 2, 2008, the Department of Labor announced that it is now auditing all permanent labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy. DOL says that it is doing so because of information it says it received that in at least some cases the Fragomen firm improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring U.S. workers who allegedly were qualified.
During this auditing process, DOL will decide which, if any, applications should be denied or placed into department-supervised recruitment.
The permanent labor certification process allows employers to sponsor aliens for permanent residency but only where it been established through a strict, detailed recruitment process that there is no qualified, willing and available U.S. worker to fill the position. The employer’s attorney is not supposed to be involved in the recruitment process (unless he or she is typically involved in the employer’s hiring).
