U.S. Department of Labor auditing all permanent labor certification applications of Fragomen, Del Rey, Bernsen & Loewy LLP.

News Release

U.S. Department of Labor auditing all permanent labor certification
applications filed by major immigration law firm

Department acts to protect employment opportunities for American workers

WASHINGTON — The U.S. Department of Labor today announced that it has begun auditing all permanent
labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. The
department has information indicating that in at least some cases the firm improperly instructed clients who
filed permanent labor certification applications to contact their attorney before hiring apparently qualified
U.S. workers. The audits will determine which, if any, applications should be denied or placed into
department-supervised recruitment because of improper attorney involvement in the consideration of U.S.
worker applicants.
"The department’s decision to further investigate these applications will help ensure the integrity of the
permanent labor certification process and ultimately protect job opportunities for American workers," said
Gregory F. Jacob, solicitor of labor. "The department takes seriously its responsibility to ensure that American
workers have access to jobs they are qualified and willing to do and that their wages and working conditions
are not adversely affected by the hiring of foreign workers."
The permanent labor certification process, established by the Immigration and Nationality Act, allows
employers to sponsor aliens for permanent residence (secure a "green card") to fill positions for which no
qualified, willing and available U.S. workers can be found. The department’s regulations set forth detailed
procedures by which an employer seeking certification must demonstrate that no qualified U.S. workers can
be located.
The department’s regulations specifically prohibit an employer’s immigration attorney or agent from
participating in considering the qualifications of U.S. workers who apply for positions for which certification is
sought, unless the attorney is normally involved in the employer’s routine hiring process. Where an
employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason
to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to
recruitment required by the permanent labor certification program.
In 2004, the department adopted reforms streamlining the permanent labor certification process by moving
to an attestation-based system. Audits of applications are one of the major deterrents used by the
department to ensure program integrity.
U.S. Department of Labor


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