On August 24, 2023, the U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) rescinded its 4 rounds of COVID-19 FAQs, announcing on its website:
August 24, 2023. OFLC Rescinds All Frequently Asked Questions Regarding COVID-19
As of the date of this announcement, OFLC is rescinding in full all COVID-19 frequently asked questions (FAQs), which includes Round 1 (published March 20, 2020); Round 2 (published April 1, 2020); Round 3 (published April 9, 2020); and Round 4 (published June 3, 2020). The processing centers have resumed normal processing operations. All other FAQs not related to COVID-19 remain in full effect.
NAFSA will maintain this page for historical and reference purposes. Remember that OFLC Will Permanently Issue Electronic PERM Labor Certifications, a practice that it had begun during COVID.
OFLC COVID FAQs (for historical reference only)
- Round 1 (March 20, 2020)
- How will OFLC NPCs communicate with employers and their authorized attorneys or agents affected by the COVID-19 pandemic?
- How should employers and/or their authorized attorneys or agents provide updated contact information to OFLC when their business operations are temporarily affected by the COVID-19 pandemic?
- Will OFLC permit requests for extensions to deadlines or make other reasonable accommodations for employers and/or their authorized attorneys or agents impacted by the COVID-19 pandemic?
- I am an employer with an approved Labor Condition Application (LCA). Due to the impact of the COVID-19 pandemic, I may need to move workers on an H-1B, H-1B1, and/or E-3 visa to worksite locations unintended at the time I submitted the LCA for processing by OFLC. Do I need to file a new LCA if the worksites are located in the same area of intended employment? If not, what are my notice obligations for moving the workers to the new worksite locations?
- I intend to file a Labor Condition Application (LCA) for the H-1B, H-1B1, or E-3 program and I cannot provide a hard-copy notice of the LCA filing due to the COVID-19 pandemic. How do I provide notice of the LCA filing?
- I am an employer seeking to submit an Application for Permanent Employment Certification (Form ETA-9089). Due to the impact of the COVID-19 pandemic, I may need to temporarily close my offices or shift business operations to partial or full-time telework. How will my decision affect the requirement to post the Notice of Filing (NOF) under the Department’s regulations?
- Due to the impact of the COVID-19 pandemic, I no longer have a business need for the workers employed under the temporary labor certification I received. What do I do?
- Plus 1 H-2A specific question
- Round 2 (April 1, 2020)
- My workers may need to be quarantined and not able to perform work for several continuous weeks in order to slow the spread of the COVID-19 virus. Do I need to invoke contract impossibility?
- Due to the impact of the COVID-19 pandemic, my workers may not be permitted to perform work at some worksites listed on my certified Application for Temporary Employment Certification and job order. However, there are other worksites within the certified area of intended employment where work can be performed. Can I place workers at other worksites not specifically listed in the certified Application for Temporary Employment Certification but are still within the same area of intended employment?
- Plus 6 H-2A specific questions
- Round 3 (April 9, 2020)
- Due to the impact of the COVID-19 pandemic, can I move my H-1B workers to a new worksite that is located outside the area of intended employment on my certified Labor Condition Application?
- Plus 1 H-2A specific question
- Round 4 (June 3, 2020)
- In the COVID-19 Round 1 FAQs, OFLC made accommodations for extensions of time and deadlines for employers and their authorized attorneys or agents affected by the COVID-19 pandemic, which expired on May 12, 2020. Will OFLC grant further extensions of time or deadlines based on current conditions related to the COVID-19 pandemic? [NAFSA note: This FAQ replaces FAQ 3 in the Round 1 FAQs]