DOL Resumes Processing Labor Certifications and LCAs Despite Ongoing Federal Shutdown

On October 31, the Department of Labor (DOL) announced that it had resumed many Office of Foreign Labor Certification (OFLC) operations under a broader plan for continuation of limited activities at the agency despite the ongoing federal government shutdown.

Since the announcement, employers have been able to submit applications for PERM, H-2A, and H-2B labor certifications, labor condition applications (LCAs), and requests for prevailing wage determinations (PWDs) and are beginning to receive approvals of labor certifications and LCAs that had been filed before the federal government shutdown began on October 1. Though the DOL continuation plan focused on labor certifications and PWDs and did not specifically address LCA processing, LCA processing appears to have resumed as well.

To date, DOL has not announced plans for PERM labor certifications that could not be timely filed between the start of the shutdown on October 1 and the October 31 resumption of FLAG operations. After past federal shutdowns, the agency gave employers a grace period following the resumption of operations, during which it would accept PERM applications with expired recruitment. We continue to await further guidance from DOL on these issues.

Employers should work with their immigration counsel to resume filing PERM, H-2A, and H-2B labor certification applications, LCAs, and prevailing wage determinations.

Employers should await further instructions from DOL with respect to the filing of labor certifications for which recruitment expired between October 1 and October 31.