Immigration Law

Fragomen Complaint in Federal Court

By Joel Stewart

The Fragomen firm filed a lengthy complaint which is now available on ILW.COM. It includes two lengthy documents. The first, more than 60 pages, is titled, "Nature of the Action." The second, more than 90 pages, is called, "Motion for Preliminary Injunction." The immediate relief requested is to bar the Department of Labor from the following:

(a) Enforcing 656.10(b) to prohibit employers from consulting with attorneys concerning any aspect of the labor certification process, including whether particular workers who apply for positions in the alien labor certification recruitment process are "qualified" for the position within the meaning of the governing regulations.

(b) Enforcing the Regulation to prohibit attorneys from communicating with their employer clients at the time resumes or applications are received about whether applicants may be "qualified" for the position within the meaning of the governing regulations.

(c) Enforcing the interpretations outline in the June 2 [DOL] Press Release as to the permissible role of attorneys for employers in the labor certification process.

(d) Enforcing new restrictions directed at the role of attorneys for employers in the labor certification process without following the notice and comment rulemaking procedures set forth in the Administrative Procedure Act.

(e) Retaliating against Fragomen or its clients through its enforcement powers based on their exercise of constitutionally protected rights.

(f) Auditing PERM applications of Fragomen's clients based upon the DOL's view of the attorney-client relationship.

(g) Auditing PERM applications specifically on the basis of Fragomen's appearance as counsel for the employer.

(h) Demaning that Fragomen or its clients provide confidential information about their attorney-client relationship in the course of the labor certification process.

These demands seem reasonable, since they merely restate longstanding, constitutionally protected principles regarding attorney-client relationships.

Full post as published by Joel Stewart's Blog on August 12, 2008 (boomark / email).