Do the regulations require attorneys to modify contracts for dual representation entered into before July 16, 2007?
The regulations state that an employer may not seek or receive payment from the employee (or a third party except in specific circumstances) after July 16 2007. Attorneys may represent employers in the preparation, filing and obtaining of a labor certification and may be paid for that activity by the employer. Attorneys may represent foreign workers in their own interests in the review of a labor certification (but not in the preparation, filing and obtaining of a labor certification, unless such representation is paid for by the employer), and may be paid by the foreign worker for that activity. To the extent, however, that a contract exists between the attorney and the employee, which calls for the receipt on or after July 16 of payment for services rendered on or after July 16 in connection with the preparation, filing or obtaining of a labor certification, such services are to be paid for, under the regulation, by the employer.
Related Questions
- Are subrecipient agreements and contracts with private attorneys for legal representation of clients related party transactions?
- Do the regulations require attorneys to modify contracts for dual representation entered into before July 16, 2007?
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