What are activities relating to obtaining permanent labor certification?
“Activity related to obtaining permanent labor certification,” for purposes of ยง656.12(b), includes, but is not limited to, recruitment activity, the use of legal services, and any other action associated with the preparation, filing, or pursuit of an application. This section prohibits any such payment. A foreign worker may pay his/her own costs, including attorneys’ fees for representation of the foreign worker, except that when the same attorney represents both the foreign worker and the employer, all costs related to preparing, filing, and obtaining the permanent labor certification must be borne by the employer.
