Department of Labor Resumes Processing of LCAs, PERMs, Prevailing Wage Determinations, and Related Requests

Background

On October 31, the U.S. Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) would resume processing employer requests for prevailing wage determinations, labor condition applications (LCAs), and labor certification determinations for both temporary (H-2A and H-2B) and permanent (PERM) employment in the United States. The OFLC had been closed since the federal government shutdown began on October 1.

Resumption of Services

With the reopening of the OFLC, the Foreign Labor Application Gateway (FLAG) has become accessible once again. This allows employers and their representatives to file LCAs and PERMs online, respond to Requests for Information, access prevailing wage data, and communicate with OFLC regarding pending applications.

Anticipated Impacts

The full impact of the 30-day OFLC closure remains uncertain; however, it is likely that processing backlogs will require time to resolve.

LCAs that could not be filed during the shutdown are now being submitted and are expected to be certified within seven business days, as mandated by law. Employers may once again obtain certified LCAs to support H-1B, H-1B1, and E-3 filings, including change of employer petitions and consular visa applications.

Before the shutdown, prevailing wage determinations—which are necessary prior to filing a PERM—were typically taking about four months to be issued, and PERMs were taking approximately fifteen months. These processing times are expected to be even longer until the backlog is fully addressed.

If you have any questions, please contact your McCown & Evans attorney.