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DOL expands applicability to secondary employers of filing requirements for LCAs

  1. Original Date Announced

    January 15, 2021

    The Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) and Wage and Hour Division (WHD) each publish guidance revising their interpretations concerning which employers must file a Labor Condition Application (LCA) under 20 C.F.R. §§ 655.715 and 655.730(a). Referencing a recent regulatory change by USCIS, DOL now interprets the regulations to require secondary "common-law" employers of H-1B workers to file an LCA. [ID #1302]

    Filing Requirements for LCAs by Secondary Employers DOL WHD Issues Bulletin on H-1B Program Obligations for Common-Law Employers
  2. Effective Date

    January 15, 2021
  4. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    2021.01.20 Wage and Hour Division Field Assistance Bulletin

    This Biden administration policy withdraws in its entirety the Trump-era policy identified in this entry.

    On January 20, 2021, DOL withdrew its Notice from the Office of the Federal Register prior to its publication, and is now withdrawing the Bulletin and FAB for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy. Accordingly, the requirements of the Bulletin and FAB are no longer in effect.

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Current Status

Not in effect
January 20, 2021
Acted on by Biden Administration

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