International Faculty, Staff, Researchers

OFLC Stakeholder Engagements

Links to summaries and key takeaways from public stakeholder meetings conducted by the Department of Labor Office of Foreign Labor Certification (OFLC), prepared by the NAFSA ISSRP EB subcommittee.

Proposed Revisions to Permanent Labor Certification Forms

September 10, 2020

On July 20, 2020, the Department of Labor Office of Foreign Labor Certification (OFLC) posted a news item regarding public comment on proposed changes to the ETA 9089 permanent labor certification (PERM) form. Comments are due by September 18, 2020. Read NAFSA's comment letter (September 10, 2020)

Proclamation Suspending Entry of Certain H, J, and L Nonimmigrants

August 14, 2020

On June 22, 2020, the president issued Proclamation 10052 titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak, that went into effect at at 12:01 a.m. eastern daylight time on June 24, 2020. A June 29, 2020 amendment clarifies

USCIS Policy Memo Rescinds Prior Memos on Third-Party Placements, Contracts and Itineraries

In a June 17, 2020 policy memorandum (USCIS PM-602-0114), USCIS rescinded the following policy memoranda and issued updated policy guidance in their place: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3

OFLC Announces Migration of Website to New Domain

On June 3, 2020, the Department of Labor Office of Foreign Labor Certification announced that in July it will move the OFLC website to a new domain. The OFLC news item is reproduced below. June 3, 2020. OFLC Announces Migration of Website to New Domain. Please be advised that the Office of Foreign

OFLC to Issue Electronic PERM Labor Certifications in Response to COVID-19

June 17, 2020

Beginning March 25, 2020, and through September 30, 2020, the Department of Labor Office of Foreign Labor Certification will send approved permanent labor certifications by email, in response to the COVID-19 pandemic. After receiving the certified Form ETA-9089 by email, the form must be printed

Coronavirus Critical Resources

September 14, 2020

NAFSA has assembled these resource links to help you navigate issues arising from the COVID-19 pandemic. COVID-19 is the disease caused by the SARS-CoV-2 coronavirus.

Key Takeaways from the November 5, 2019 DOL OFLC Stakeholder Meeting

Top Takeaways from the Department of Labor Stakeholder Meeting on November 5, 2019 OFLC is aware of the various issues that employers, and especially institutions of higher education, have encountered in using the new FLAG system when filing LCAs, including the incorrect wage data for several SOC

Pre-Registration Requirement for Cap-Subject H-1B Petitioners

On January 31, 2019, DHS published a final rule governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 H-1B cap (regular cap) or the 20,000 beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from

OSTP Letter to Academic Institutions on Plans for Campus Meetings on Research Security and Other Topics

In a September 16, 2019 letter to academic institutions, the White House Office of Science and Technology Policy (OSTP) said, "During the next few months, OSTP will be holding meetings at academic institutions across the Nation to converse with researchers and students on matters of research