Employers nationwide are implementing work reductions, closures and furloughs in order to reduce costs during the COVID-19 economic slowdown in the United States.  When employees are put on reduced hours or furloughed, employers face changing legal obligations in multiple areas of labor and employment law.  Companies that employ nonimmigrant workers should not overlook the additional legal obligations they have toward these employees, especially those who are on visas that have prevailing wage requirements.

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Employers, already dealing with a chaos of urgent-action items caused by COVID-19, must not overlook the stringent posting requirements under US Department of Labor (DOL) regulations for employees in H‑1B, H-1B1, and E-3 status, and for all employees, regardless of status, who are being sponsored for green cards through labor certification (“PERM”).
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As Congress failed to reach an agreement to avert the unthinkable, the US Government shut down at midnight.  This will affect some immigration-related government agencies:

  • US Citizenship and Immigration Services (USCIS),which processes immigrant and nonimmigrant visa petitions, will continue operating.  Petitions already on file will continue to be processed, and new petitions will continue

On July 1, DOL announced that its Office of Foreign Labor Certification (OFLC) is making publicly available redacted copies of all certified H-1B, H-1B1 and E-3 Labor Condition Applications (LCAs) and permanent labor certifications (PERMs) dating back to April 15, 2009, through the iCert “Labor Certification Registry” (LCR).  These certified documents can be