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AILF Identifying Plaintiffs for Lawsuit Against DOL on Labor Cert Reg

Posted by Jeff Z. Xie, Attorney on May 25, 2007 at 09:28:03




For a possible lawsuit challenging DOL's regulation on payment of attorneys' fees and costs for preparing and filing a labor certification application, the following would be suitable plaintiffs. If your client meets one of these descriptions, please contact Nadine Wettstein at AILF at nwettstein@ailf.org

An employer who wants to, needs to, and would be eligible to file a labor certification application (ideally but not necessarily for a specified employee) but who is unwilling (or unable for non-financial reasons) to pay the attorneys' fees and other costs;

An employee or potential employee who:

~ is a foreign national;

~ is eligible to have a labor certification application filed on his or her behalf;

~ is willing to pay the attorneys' fees and other costs for a labor certification application;

~ has an employer or potential employer who is willing to file the labor certification application, for him or her, but is unwilling (or unable for non-financial reasons) to pay. The employer must be willing to be identified in and cooperate with the lawsuit even if the employer is not a named plaintiff in the lawsuit.




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