Department of Labor Response to COVID-19 Crisis: PERM Labor Certifications

The U.S. Department of Labor has announced several important policy changes in light of the COVID-19 pandemic which affect employers seeking to file Labor Certification Applications on behalf of foreign workers.

• On March 20, 2020, DOL announced that, in light of COVID-19, it would permit employers additional time to respond to requests from DOL regarding prevailing wage requests and Labor Certification applications. For deadlines that fall between March 13, 2020 through May 12, 2020, DOL will consider any response timely if it is received no later than May 12, 2020. This includes responses to audit requests, redetermination requests on prevailing wage determinations, and responses to requests for information on prevailing wage requests.

• On March 20, 2020, DOL announced that employers would be provided additional time to complete the required recruitment steps and file applications for Labor Certification. Under the regulations, Labor Certification applications must be filed within 180 days of the first recruitment step taken. However, for cases in which employers commenced recruitment on or after September 15, 2019 and are unable to complete all recruitment steps and file the application for Labor Certification within this timeframe, employers are afforded an additional 60 days to complete these steps and may file such applications no later than May 12, 2020. Note that this extension appears to apply only to applications in which the employer has been unable to complete all the required recruitment steps. Those who completed the required recruitment steps prior to DOL’s announcement should proceed with filing their Labor Certification applications within the existing regulatory timeframe.

• On March 24, 2020, DOL announced that it will provide certifications of applications for Labor Certification electronically, rather than by email. Although original, approved Labor Certifications are traditionally required to be issued as original notices on security paper from DOL, these electronically issued approvals will serve as the original notice. 

The Department of Labor is continuing to announce ongoing policy changes in light of COVID-19. Kolko & Casey, P.C. is closely monitoring this swiftly changing situation. If you have questions about how these changes are impacting your case, please contact Kolko & Casey, P.C. at (303) 371-1822.