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get to take into account that Sunday ads technologically savvy workforce still flocks ry practices under INA § 274B(a)(1). time and resources to review cases like
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must not only be placed in newspapers of to the newsstands each Sunday to look for While we understand that compli- Matter of Kolla, and not simply granting
general circulation but also in newspapers open job positions. The reality of search- ance with the law, however absurd, is nec- labor certifications when an employer fa-
that are most appropriate to the occupa- ing for a job is markedly different today essary, and will continue to advise clients cially meets all requirements, the govern-
tion and the workers likely to apply for the than what the legislators envisioned when to purchase ad space in newspapers, we ment may stand to benefit and get a much
job opportunity and most likely to bring they drafted the regulations. It also bears also disagree with the government’s reluc- needed wake up call by obtaining statistics
responses from able, willing, qualified, reminding that the labor certification pro- tance to ease up on these very technical, on how many U.S. workers actually read
and available U.S. workers. While an ad cess is not designed for employers to hire outdated requirements. Instead of finding the Sunday paper to find work. Until that
in the New York Times may be the most U.S. workers. Although the employer is insufficiencies between a newspaper with happens, denials of labor certifications
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appropriate for most professional posi- required to conduct a good faith test of a circulation of 321,600 copies that is pub- like that in Matter of Kolla will continue
tions, an ad for the position of a welder, the U.S. labor market, if a qualified U.S. lished seven days a week and a newspaper and will further confirm our suspicion
for instance, may be more appropriately worker does apply, the employer is not with a circulation of 97,573 copies that is that the government’s primary concern is
placed in a different newspaper of general required to hire the U.S. worker and is published three days a week, the regula- not that job opportunities are taken away
circulation in New York, such as the New only precluded from filing the labor cer- tion’s purpose may be better served by the from U.S. workers but that the road to
York Post or the Daily News. tification. Of course, based on the lessons government’s focus on how much traffic a permanent employment remain rampant
At the same time though, we can- learned from the Facebook settlement, if particular job search website gets, for in- with obstacles.
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not help but balk at this decision and the the employer does not hew closely to how stance. The government’s focus on these
government’s strict reading of the regu- it would normally recruit for U.S. workers, insignificant details, on the ground that *Jessica Paszko is an Associate at Cyrus
lations and its pretextual use of them to the Department of Justice’s Civil Rights they are accurate measures of how likely D. Mehta & Partners PLLC. She graduat-
close the door on employment of foreign Employee and Immigrant Rights Section workers are to apply for a job opportuni- ed with a J.D. degree from Brooklyn Law
workers every chance they get. As lawyers, can accuse an employer with discriminato- ty, is truly misguided. Instead of spending School in 2021.
we understand and appreciate the need
to comply with the letter of the law, but _________________________________________________________________________________________________________
also cannot help but wonder if the govern- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
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ment lives under a rock. While we agree
that U.S. workers should be given first Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
dibs on available jobs, we also recognize mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
and see firsthand how tight the U.S. job
market continues to be and that there are Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
plenty of jobs to go around for both U.S.
and foreign workers. The regulations have of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
been carefully crafted to protect the very Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
important obligation that employers first
attempt to find U.S. workers by requiring, Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
not one, not two, not three, but rather, on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
five recruitment steps, thus ensuring that You can click www.indialife.tv
available and qualified U.S. workers will Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
be informed of the job opportunity before and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
a labor certification is filed. Yet, even in
today’s modern, digital age, the govern- immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
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ment, with its rose-colored glasses, con- the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
tinues to place an unnecessarily high im-
portance on two Sunday ads as if today’s in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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