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Attorneys and non-attorney representatives appearing before the Office
of Administrative Law Judges are subject to the standards of conduct and rules
governing qualifications of representatives found in the OALJ Rules of Practice
and Procedure at 29 C.F.R. § 18.34(g) and (h). In addition, the permanent
alien labor certification regulations applicable to claims filed on or after
March 28, 2005 provide that:
(b) Representation. (1) Employers may have agents or attorneys
represent them throughout the labor certification process. If an employer
intends to be represented by an agent or attorney, the employer must sign the
statement set forth on the Application for Permanent Employment
Certification form: That the attorney or agent is representing the employer
and the employer takes full responsibility for the accuracy of any
representations made by the attorney or agent. Whenever, under this part, any
notice or other document is required to be sent to the employer, the document
will be sent to the attorney or agent who has been authorized to represent the
employer on the Application for Permanent Employment Certification form.
* * *
(3) No person under suspension or disbarment from practice before any
court or before the DHS or the United States Department of Justice's Executive
Office for Immigration Review is permitted to act as an agent, representative,
or attorney for an employer and/or alien under this part.
20 C.F.R. § 656.10(b)(1) and (3).
If an attorney and or non-attorney representative makes an entry of
appearance after the case is docketed before OALJ or BALCA, the USCIS G-28
Entry of Appearance form may be used for purposes of complying with the OALJ
Rule of Practice at 29 C.F.R. § 18.34(b).
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