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Original Date Announced
March 20, 2020Department 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]
DOL: OFFICE OF FOREIGN LABOR CERTIFICATION COVID-19 Frequently Asked Questions ROUND 1Effective Date
March 20, 2020Subsequent Trump-Era and Court Action(s)
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April 1, 2020
U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION COVID-19 Frequently Asked Questions ROUND 2
DOL addresses flexibility needs within the H-2A program in light of covid-19.
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April 9, 2020
U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION COVID-19 Frequently Asked Questions ROUND 3
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.
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June 3, 2020
U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION COVID-19 Frequently Asked Questions ROUND 4
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.
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Current Status
Not in effectOriginal Trump Policy Status
Status: Final/Actual ExpiredTrump Administration Action: Agency DirectiveAgencies Affected: DOLPre Trump-Era Policies
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March 20, 2020
Previously, employers had to file notice of their Labor Condition Applications on or before the worker changes worksites and had to complete most recruitment measures at least 30 days before filing an Application for Permanent Labor Certification.
U.S. Department of Labor Office of Foreign Labor Certification Covid-19 Frequently Asked Questions