OFLC Clarifies Telecommuting in the PERM Context for Both Prevailing Wage Requests and PERM Applications

Even before remote working considerations emerged during the COVID-19 pandemic, employers filing applications for Program Electronic Review Management (“PERM”) were grappling with how to prepare Forms 9141 Application for Prevailing Wage Determination (“PWDS”) and Form ETA-9089 Applications for Alien Labor Certification in the PERM context for employees who were telecommuting. The concern has grown more …

Important Update on Recent DHS and DOL Rule Changes to the H-1B Program

On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in connection with an industry group lawsuit against both the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The judge found that both Departments failed to properly follow standard U.S. legal procedures governing …

Top Five Useful FAQs provided by the U.S. Department of Labor in response to the COVID-19 Pandemic

The current public health crisis surrounding COVID-19 has led to a number of uncertainties for foreign nationals and their employers and compliance challenges. To address some of these concerns, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) released three rounds of frequently asked questions (FAQs) responding to questions about COVID-19 and …