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Original Date Announced
January 15, 2021The 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 EmployersEffective Date
January 15, 2021Biden Administration Action: Revoked/Replaced
January 20, 20212021.01.20 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 Accordingly, the requirements of the Bulletin and FAB are no longer in effect.
View DocumentCurrent Status
Not in effectJanuary 20, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: DOLAssociated or Derivative Policies
- October 8, 2020 DHS issues interim final rule narrowing H-1B criteria
Pre Trump-Era Policies
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July 1, 2008
Prior WHD guidance on short term placements.
WHD Fact Sheet #62K: What is the short-term placement option? - 20 CFR 655.735 - What are the special provisions for short-term placement of H-1B nonimmigrants at place(s) of employment outside the area(s) of intended employment listed on the LCA?