Information for Attorneys and Representatives Before the Office of Administrative Law Judges:
Immigration-Related Cases before the Office of Administrative Law Judges
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.
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(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).