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new rule from labor department

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  • new rule from labor department

    Thank god the content for the new rule is finally out, and that it is 6 months instead of 45 days. Its their usual junk about fixing one instance of fraud by expiring labor certifications and taking away substitutions for everyone. It was ok for them to take until now to issue labor certifications from 2001 with prevailing wages from 2001 but they are protecting wages by expiring those labor certs in 6 months.
    My bigger problem is what to do about their rule against aliens paying attorneys for preparing labor certs. That becomes effective in mid July and I won't have all my labor certs back from the backlog center til September. My contracts are with the aliens for one payment on start of work, and payment 2 when the labor cert is granted. That sounds like the first two payments are for labor certs. Next time I could write it to say 2nd payment is for start of work on the petition. But is there any way we could still ask Labor to let us finish our current contracts? It will be hard enough to make new contracts with employers paying without having to ask them to assume the alien's responsibility from the old contracts.
    There was nothing ethically or procedurally wrong with my contract when I made it.

  • #2
    Thank god the content for the new rule is finally out, and that it is 6 months instead of 45 days. Its their usual junk about fixing one instance of fraud by expiring labor certifications and taking away substitutions for everyone. It was ok for them to take until now to issue labor certifications from 2001 with prevailing wages from 2001 but they are protecting wages by expiring those labor certs in 6 months.
    My bigger problem is what to do about their rule against aliens paying attorneys for preparing labor certs. That becomes effective in mid July and I won't have all my labor certs back from the backlog center til September. My contracts are with the aliens for one payment on start of work, and payment 2 when the labor cert is granted. That sounds like the first two payments are for labor certs. Next time I could write it to say 2nd payment is for start of work on the petition. But is there any way we could still ask Labor to let us finish our current contracts? It will be hard enough to make new contracts with employers paying without having to ask them to assume the alien's responsibility from the old contracts.
    There was nothing ethically or procedurally wrong with my contract when I made it.

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    • #3
      That's why the attorney who's very close to me has one very effective scheme: scale down the asking price to the lowest level (as reasonable as it sometimes hurts) and have the client pay it in one drop. Lawyers learn it the hard way especially in the post 9/11 era - have a client pay as much as you can at your first opportunity, because that may only be all the money that you'll ever get.

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