DOL expands applicability to secondary employers of filing requirements for LCAs

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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
Effective Date
January 15, 2021
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 Accordingly, the requirements of the Bulletin and FAB are no longer in effect.
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Not in effect

January 20, 2021 Action: Revoked/Replaced 2021.01.20 Wage and Hour Division Field Assistance Bulletin

January 20, 2021

Status: Final/Actual

Trump Administration Action: Agency Directive

Subject Matter: Non-Immigrant Visas: Employment-Based

Agencies Affected: DOL

Associated or Derivative Policies

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