Dear Readers:
Those of you who read my blog at http://blogs.ilw.com/gregsiskind know that something disturbing is going on at the Department of Labor. The agency has all but declared war against employers. It is through a combination of measures:
- Targeting high profile, well-respected law firms and auditing the firms’ files (essentially slowing processing down for the firms’ clients)
- Debarring employers from filing labor certifications all together
- Increasing the number of PERM cases audited from just 1 in 10 when PERM started to 3 in 10 today
Theories abound regarding the motivations of the Labor Department. Some say it is part of an effort to get the attention of Congress and garner more funding for the PERM program (though it remains a mystery to me why the DOL still is not charging a fee for PERM petitions, something that is reasonable and, in my opinion, not likely to garner much opposition).
Some argue that DOL is trying to send a message to employers not to hire immigration lawyers and to file cases on their own. Those pesky immigration lawyers have a habit of arguing when cases are denied on wrongful grounds and they tend to advise their clients on what their obligations and rights are under the law.
Some argue that the DOL wants to discourage PERM filing all together.
Of course, some defend the DOL arguing that the agency is simply trying to ensure that employers are taking the process seriously and US workers’ interests are being protected.
Regardless of the motives, I have been forceful in criticizing one particular tactic being used by DOL. The agency has been issuing press releases announcing the targeting of law firms and companies. These releases can destroy livelihoods and reputations without any due process or effective opportunity to defend oneself. One of the firms looks like it was targeted for political reasons since it made statements on a YouTube video that the DOL may have found embarrassing and which garnered criticism on Capitol Hill.
Whether the DOL maelstrom is subsiding or only picking up steam is hard to say. Certainly, when the country is moving in to rougher economic straits, the agency may feel more room to maneuver. On the other hand, the immigration bar has been very tepid to this point and has tried to have a collaborative relationship with the agency. That is likely to end soon and when the agency is forced to defend its actions in court, the bravado of the agency will be tested.
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In firm news, the National Association of Legal Search Consultants has just published an article I’ve written on immigration options for attorneys. I’m including a longer version of the piece in this issue as our ABCs feature. The article is not in the usual Q & A format, but I think people will still find it easy to follow.
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In other firm news, Siskind Susser Memphis Attorney Ari Sauer led a discussion panel in the American Immigration Lawyers Association teleconference entitled “Insights for the Tricky Concept of Unlawful Presence.”; the panel was held on July 21st.
Finally, as always, if you are interested in becoming a Siskind Susser Bland client, please feel welcome to email me at gsiskind@visalaw.com or contact us at 800-748-3819 to arrange for a telephone or in person consultation with one of our lawyers.
Regards,
Greg Siskind
