The U.S. Department of Labor and law firm Fragomen Del Rey Bernsen & Loewy, which represents clients such as IBM on immigration issues, are in a legal tussle. The department is conducting an audit of Fragomen's practices in helping clients disqualify American applicants — a necessary step before employers can obtain H-1B visas for foreign workers. Now Fragomen has fired back with a lawsuit that calls the Labor Department's rules restricting lawyers' activities unconstitutional. How do lawyers work to make sure no citizen applicant could possibly qualify?In the video above from last year, attorneys from law firm Cohen & Grigsby detailed how the firm suggests a minimum of job opening ads are placed in markets where it's unlikely a qualified applicant will apply, so few are received. The firm also provides the company with a checklist which the employer can use to quickly process — and reject — any applications it may receive so that the company can permanently certify the foreign national. If a citizen passes that test, there are further tricks to making sure something arises from the interview process that disqualifies them. Disqualifying Americans also works in the favor of companies overall, since it allows them numbers to cite when complaining about the need to raise immigration quotas and expedite the process. Fragomen is citing the First Amendment and due process in arguing that it should be allowed to offer counsel to employers. Meanwhile, up to 3,000 applications are on hold pending the investigation.