DOL Provides Flexibility on Certain PERM and LCA Requirements Due to COVID-19

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In response to the COVID-19 pandemic, the US Department of Labor (DOL) has published an FAQ that offers some limited accommodations for employers that sponsor temporary and permanent foreign workers.

Some of the DOL’s accommodations include:

  • An extension of the response time given on certain DOL inquiries related to prevailing wage determinations and labor certification applications

  • A 30-day grace period for posting labor condition applications (LCAs) at new worksites when H-1B, H-1B1 or E-3 workers are forced to change worksites because of COVID-19. (Under standard LCA regulations, notice be posted on or before the worker changes worksites.)

  • An extension of the 180-day PERM recruitment window by 60 days for all filings that occur by May 12, 2020. 

  • An extension of the 180-day window for posting a PERM Notice of Filing (NOF) by 60 days.

Questions?

If you have any additional questions about how DOL’s new PERM and LCA guidance impacts you, please contact your Ellis Porter attorney and we will be happy to provide further clarification and assistance.