CHAPTER 5
ATTORNEY'S FEES
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I. Equal Access to Justice Act
Counsel for employers who successfully challenge a CO's denial of labor certification are not entitled to an award of attorney's fees under the Equal Access to Justice Act. Larry Douglas, Ltd. , 88-INA-130 (Dec. 19, 1988) (en banc supplemental order denying attorney's fees), citing Smedberg achine Tool, Inc. v. Donovan , 730 F.2d 1089 (7th Cir. 1984) (administrative adjudication of denial of labor certification is not a statutory requirement; not an adversarial adjudication as required for EAJA to apply).