DOL goes after Lawlogix and Cohen&Grigsby

Date: Thursday, July 10, 2008 1:56 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1879 -- 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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