At this time, the DOL continues to process and issue prevailing wage determinations and labor certifications that meet all statutory and regulatory requirements. However, it has relaxed certain requirements to reduce the strain of COVID-19 on employers. Please see a summary of the changes below.
In light of workplace disruptions, the OFLC has announced that employers will have an additional 60 days to complete PERM recruitment provided that recruitment began between September 15, 2019 and March 13, 2020 and PERM filing occurs by May 12, 2020.
Further, employers can permit H-1B, H-1B1 or E-3 workers to change locations outside the intended metropolitan statistical area (MSA), but will need to post a Notice of LCA Filing within 30 days from the move.
Note on Remote LCA Postings
Employers may use any electronic means ordinarily used to communicate with its employees about job vacancies or promotion opportunities, including:
- electronic newsletter,
- intranet, or
- email (you may send all employee email).
All affected workers must:
- be aware of the electronic location, and
- have ready access to it.
For more questions about LCA Posting requirements during the COVID-19 pandemic, please contact your WR representative.
DOL has extended the timeline to respond to DOL inquiries when deadlines fall between March 13, 2020 and May 12, 2020. The new deadline is May 12, 2020 for inquiries in this timeframe. DOL inquiries include:
- Requests for audit documentation
- A response to a Notice of Deficiency
- Submissions of recruitment reports
- Business verification and sponsorship documentation
- Supervised recruitment requests
- Requests for reconsideration of a prevailing wage determination
- Any other request for information issued by OFLC containing a due date
- The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) remains fully operational during the federal government’s “maximum telework flexibilities” operating status.
- The OFLC will continue to contact employers and attorneys via email and when necessary, by mail.
- OFLC March 20, 2020 FAQ, https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-19_FAQs_Round%201_03.20.2020.pdf
- DOL Fact-Sheets #62, https://www.dol.gov/agencies/whd/fact-sheets/62m-h1b-notice