Seyfarth Synopsis: On March 20, 2020, the U.S. Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) issued Frequently Asked Questions in response to the COVID-19 global pandemic, providing guidance and extending certain filing, notice, and response deadlines for employers of foreign nationals.

Highlights 

  • Employers will have thirty (30) days to post Labor Condition Application (LCA) notices for employees moving to a different worksite within the same intended area of employment, such as a home office. 
  • For employers unable to physically post LCA notices, DOL reminds employers of the option to electronically post, and the stringent requirements. 
  • Employers will benefit from a sixty (60) day extension of PERM recruitment and Notice of Filing (“NOF”) requirements for PERM applications filed by May 12, 2020, where recruitment began between September 15, 2019 and March 13, 2020. 
  • Employers may respond to DOL requests by May 12, 2020, where the original response deadline falls within the period from March 13, 2020 through May 12, 2020. 


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