In employment-based immigration cases, the attorney represents both the petitioning-employer and the employee-beneficiary. Attorneys are permitted to represent two parties simultaneously, if so authorized, unless their interests conflict. In most types of nonimmigrant visa petition cases, immigration documents can only be submitted to the government by a petitioning-employer on behalf of an employee-beneficiary. Therefore, attorneys must be authorized by the petitioning-employer before filing a visa petition on the employees-beneficiary's behalf, which, if approved, will establish the employee-beneficiary's eligibility for a particular visa classification.
Representing two parties simultaneously in one matter also requires an attorney to disclose material and relevant information to and remain equally loyal to both parties. Under those rare occasions when a conflict of interest develops between a petitioner-employer and the employee-beneficiary, the attorney cannot take sides regardless of which party pays the attorney fees, and the attorney must withdraw from representing both parties in a particular matter, unless one party consents to the attorney' s continued representation of the other party.
More detailed, case-specific advice is available from Matthews Immigration Group by scheduling a consultation.