DOL Provides Guidance on H-1B and PERM Requirements

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has provided guidance on how to fulfill Labor Condition Application notice requirements, as well as other accommodations the OFLC is making during the COVID-19 national emergency. The new guidance states that a new LCA will not be required for H-1B employees who are moving to a new worksite (such as their home) within the same area of intended employment contemplated in the original LCA. Nevertheless, employers must still post a copy of the original LCA in an H-1B worker’s new worksite or otherwise inform employees of the change. Although this can be accomplished either by posting a hard copy of the LCA or notifying similarly-employed workers by email, company intranet or similar method, a hard copy posting will usually be easiest. A hard copy posting in the new office will be considered timely as long as it takes place within 30 days of the H-1B employee beginning work at the new location. In addition, the OFLC will now accept reasonable requests for extensions to filing deadlines in certain circumstances.

Please contact your KM&M attorney with any questions about compliance with DOL requirements.