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COVID-19: DOL issues FAQ on Coronavirus effects, including extensions for filing periods

  1. Date Announced

    March 20, 2020

    Department of Labor relaxes deadlines regarding temporary and permanent employment programs by giving employers a 30-day grace period for posting Labor Condition Applications and a 60-day extension of the regulatory deadlines for recruitment and filing in connection with the Application for Permanent Labor Certification. [ID #592]

    View Policy Document
  2. Effective Date of Change

    March 20, 2020
  3. Subsequent Action

    April 1, 2020

    DOL addresses flexibility needs within the H-2A program in light of covid-19.

    U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION COVID-19 Frequently Asked Questions ROUND 2
  4. Subsequent Action

    April 9, 2020

    The relaxation of the LCA posting deadline for placement at new locations appears to remain in effect. DOL indicates that, if employers offer an H-1B worker the flexibility to work from home or at a different location, those flexibilities must also be offered to similarly employed U.S. workers. With respect to H-2A agricultural workers, if covid-19 distancing requires immediate action on housing, that move can be made as long as it complies with applicable standards, the SWA is notified in writing, and the employer then works with the SWA to document compliance.

    U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION COVID-19 Frequently Asked Questions ROUND 3
  5. Subsequent Action

    June 3, 2020

    On June 3, 2020, the DOL OFLC issues an FAQ explaining that OFLC will not be extending its accommodations beyond May 12, 2020. Employers may still request extensions.

    U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION COVID-19 Frequently Asked Questions ROUND 4

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