DOL Permanently Adopts COVID-19 Accommodation to Electronically Issue PERM Labor Certifications

The Issue

The Department of Labor (DOL) has decided to permanently implement the electronic issuance of PERM labor certifications. In March, the agency announced it would temporarily issue labor certifications via e-mail as opposed to U.S. post due to the COVID-19 pandemic. Though this accommodation had been originally set to expire on June 30, it was extended to September 30 given the ongoing nature of the pandemic. Rather than provide another extension, DOL will now make this practice permanent.   

In light of this announcement, DHS will continue to consider an electronically issued PERM that is appropriately signed as evidence of an “original labor certification” for purposes of filing a Form I-140 petition. Where DOL has already issued a labor certification on blue security paper, and it remains valid, the employer should use that labor certification to support the I-140 filing.