Lawyers Representing the Company and Noncitizens
AN ATTORNEY RECENTLY ASKED ME: "A friend asked me to review a retainer agreement from a law firm representing both the noncitizen employee from Turkey and the sponsoring employer. The agreement says that, in the event a conflict, the attorney could choose which party to continue representing and that any and all information learned during the course of application's representation would no longer be privileged. For persons attempting to obtain a work visa, is it common practice to hire a firm that plays matchmaker between applicant and employer? If the relationship/arrangement goes south, what, if any, remedies does the applicant, as a non-citizen, have against the law firm and/or the employer?" ANSWER: Dual representation is indeed a reality in several types of immigration scenarios. In the employment-based immigration setting, many applications must originate from an employer seeking the government’s permission to hire a foreign national.