Counsel for employers who successfully challenge a CO's
denial of labor certification are not entitled to an award of
attorney's fees under the Equal Access to Justice Act. Larry
Douglas, Ltd., 88-INA-130 (Dec. 19, 1988) (en banc
supplemental order denying attorney's fees), citing Smedberg
Machine Tool, Inc. v. Donovan, 730 F.2d 1089 (7th Cir. 1984)
(administrative adjudication of denial of labor certification is
not a statutory requirement; not an adversarial adjudication as
required for EAJA to apply).
