Major immigration law firm under scrutiny

The Labor Department audit is lending firepower to workers, unions and other groups, that for years have said U.S. workers are being replaced with cheaper immigrant labor.

"The reason an employer pays its lawyer $3,000 to $5,000 is because they need help in not finding qualified American workers," said Kim Berry, president of the Programmers Guild, an advocacy group that believes immigrant hiring rules are too lax.

The audit also has drawn objections from immigration attorneys, unnerving some who fear it could restrict when they can advise clients seeking to hire immigrant workers.

"The Department of Labor said this firm had engaged in something improper and then went on to describe something that no one in this field, employer or attorney, finds improper," said Crystal Williams, programs director for American Immigration Lawyers Association.

Some applications could be denied
The Labor Department said Fragomen may have broken the rules because some immigrant recruiting forms the law firm provides to the corporate clients say: "After an interview, should any of the applicants appear to be qualified for the position, please contact a Fragomen attorney immediately to further discuss the candidate's background as it relates to the requirements stated for said position."

The department said it would decide whether any of the pending applications submitted by Fragomen clients should be denied or subjected to additional government oversight.

"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 department said in its news release.

Labor Department officials refused interview requests. Spokesman Terry Shawn said the agency does not comment on ongoing legal matters, despite issuing news releases on the matter.

The American Immigration Lawyers Association criticized the audit and news releases announcing the inquiry.

"It is crystal clear that attorneys have a legitimate role in counseling employers during PERM recruitment, a highly structured process governed by detailed regulations and complex administrative case law," executives of the association said in a letter to Labor Secretary Elaine Chao.

Aman Kapoor, founder of Immigration Voice, whose membership includes many immigrant workers going through the labor certification process, fears the only outcome will be even longer waits for green cards.

"No matter which way you look at it," Kapoor said, "whether it's the fault of the lawyer, or the fault of the agency or the employer, the person who is going to suffer at the very end is going to be a legal, law-abiding, high-skilled immigrant."

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