In a message dated 7/10/08 1:56:40 A.M. Central Daylight Time, News@JobDestruction.info writes:
<<<<< JOB DESTRUCTION NEWSLETTER No. 1889 -- 7/09/2008 >>>>>
Lately the good news just keeps coming: the Department of Labor is not
stopping with the Fragomen audit -- they are going after some other big
timers. Two recent DOL press releases are included below.
***** DOL PR #1 *****
A company called LawLogix has been debarred from filing applications for
permanent labor certification (employment based green cards) for three
years. Lawlogix was caught trying to test their immigration software by
submitting more than 100 fraudulent applications for green cards.
Apparently they were trying to find ways to game the system by testing for
weaknesses in the DOL's electronic processing system. Somehow the DOL
caught them in the act.
To find out more about Lawlogix go here:
http://www.lawlogix.com/
The LawLogix EDGE system is the #1 integrated immigration forms, case
management and billing software system with professional online client
interfaces and exceptional reporting capabilities.
***** DOL PR #2 *****
Remember Cohen&Grigsby? I know all of you do so I'm not going to bother
with links to the youtube video and all the other related material. For the
newbies to this newsletter, go to the online archive to find out more. Of
course I can't resist repeating Lawrence Lebowitz's famous statement in the
video that: "our goal is clearly not to find a qualified and interested US
worker."
It appears that the DOL busted them for something, although it's not
entirely clear from the press release exactly what they did wrong. The
penalty for Cohen&Grigsby's misdeeds is that they will be required to be
under "supervised recruitment" status whenever they apply for green cards.
I think that means they will need the DOL to babysit them for awhile to
make sure they don't misbehave. This is going to be very bad for business
because shady employers might start bringing their business to other
attorneys that haven't been tainted yet. Too bad for these overglorified
ambulance chasers -- perhaps they will lose their jobs and suffer like most
the rest of us!
IMPORTANT: It's important to note that none of the DOL actions will affect
guest worker visas such as H-1B, H-2B, L-1, TN, O, etc. For those visas,
it's still a free-for-all, but immigration attorneys are getting very
paranoid that the DOL might direct attention to these also. We can only
hope!
As you can imagine, immigration sharks like Siskind are foaming at the
mouth over these recent events. Their rants are not really worth reading,
but you just have to get a fuzzy warm feeling by the titles:
http://www.ilw.com/immigdaily/digest/2008,0710.shtm
DOL Grasps At Straws
http://blogs.ilw.com/gregsiskind/2008/07/us-labor-depart.html
US LABOR DEPARTMENT WAR BY PRESS RELEASE CONTINUES
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.dol.gov/opa/media/press/eta/eta20080954.htm
News Release
Printer-Friendly Version
ETA News Release: [07/08/2008]
Contact Name: Terry Shawn or Jennifer Kaplan
Phone Number: (202) 693-4676 or x5052
Release Number: 08-954-NAT
U.S. Department of Labor announces debarment of immigration software
company
WASHINGTON -- The U.S. Department of Labor today announced that it has
formally debarred LawLogix Group Inc. from filing applications for
permanent labor certification. The debarment will be in effect for three
years. The department has determined that the San Francisco, Calif.-based
company willfully has provided false or inaccurate information when
applying for permanent labor certifications, and engaged in a pattern or
practice of failing to comply with the terms of the application, ETA Form
9089.
"Debarring this company for filing false information demonstrates the
department's ongoing commitment to safeguard the integrity of the permanent
labor certification process," said Solicitor of Labor Gregory F. Jacob.
"The department takes seriously its responsibility to ensure program
integrity, thereby protecting employment opportunities for American
workers."
LawLogix is a company that designs and sells software to businesses that
utilize the permanent labor certification program. LawLogix submitted more
than 100 applications using the permanent program's online filing system in
the last year, apparently for the sole purpose of testing the parameters of
the department's electronic processing system. LawLogix's willful
misrepresentations are prohibited by the department's regulations, and are
inconsistent with the company's attestation that it had met all the
regulatory conditions for employing a foreign worker.
The permanent labor certification process, established by the Immigration
and Nationality Act, allows employers to sponsor aliens for permanent
residence (file for 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 for employers to
follow in filing applications seeking permanent labor certifications.
In 2007, the department issued final regulations designed to enhance
program integrity, and reduce incentives and opportunities for fraud and
abuse. Debarment is one tool that the department uses to achieve these
goals.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.dol.gov/opa/media/press/eta/eta20080955.htm
News Release
Printer-Friendly Version
ETA News Release: [07/08/2008]
Contact Name: Terry Shawn or Jennifer Kaplan
Phone Number: (202) 693-4676 or x5052
Release Number: 08-955-NAT
U.S. Department of Labor initiates supervised recruitment of permanent
labor certification applications filed by 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 placing pending permanent labor certification applications filed by
the Cohen & Grigsby law firm into department-supervised recruitment.
Supervised recruitment requires the employer to receive advance approval
from the department for all recruitment efforts to ensure that U.S. workers
are fully considered for available positions.
The department may institute supervised recruitment when, among other
reasons, it has concerns that an employer, attorney or agent may not have
complied with department regulations or properly recruited or considered
U.S. workers for available positions.
"Supervised recruitment is one of many tools the department uses to
safeguard the integrity of the permanent labor certification process and
protect job opportunities for American workers," said Solicitor of Labor
Gregory F. Jacob. "The department takes seriously its statutory
responsibility to ensure that American workers have access to jobs they are
qualified and willing to do."
Last year, the department began auditing applications filed by Cohen &
Grigsby as a result of information indicating the firm may have improperly
advised its clients regarding the recruitment of U.S. workers. Because of
concerns identified in the audits, the department is requiring supervised
recruitment for certain applications filed by Cohen & Grigsby.
Today's announcement reflects the department's ongoing enforcement of its
statutory responsibility to ensure that U.S. workers are fairly considered
for all permanent labor certification openings. The Immigration and
Nationality Act requires the secretary of labor to certify that there are
not sufficient U.S. workers who are able, willing, qualified and available
for an open position prior to an alien being permanently admitted to the
country to fill it. The department's regulations require employers to
"test" the labor market for U.S. workers in a manner that is open, fair and
not biased toward foreign workers, including temporary foreign workers
already employed by the employer seeking the permanent labor certification.
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