News & Analysis as of

Foreign Workers OFLC

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Office of Foreign Labor Certification Implements Program to Delete FLAG Cases Older Than Five Years

As of March 27, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has started deleting case records that are more than five years old from the Foreign Labor Access Gateway (FLAG) system....more

Seyfarth Shaw LLP

Here We Go Again? Government Shutdown and Impacts on Immigration

Seyfarth Shaw LLP on

An all too familiar countdown once again as we wait to hear the fate of the latest temporary extension to continue funding the government after midnight on Friday, December 20th. Employers should be aware that a shutdown will...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

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Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Dickinson Wright

Unintended New Job Locations: 3 Key Considerations from Round 4 of the U.S. Department of Labor’s FAQs for Labor Condition...

Dickinson Wright on

Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers. However, the issues are even more common today, given employers’ remote work policies and continued changes thereto. ...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

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1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more

Jackson Lewis P.C.

Filers Must Use New PERM Labor Certification Form ETA-9089, New FLAG Platform Starting June 1, 2023

Jackson Lewis P.C. on

Beginning on June 1, 2023, filers submitting PERM Applications for Permanent Employment Certification must submit the revised ETA-9089 in the Foreign Labor Application Gateway (FLAG) system, the U.S. Department of Labor’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Modernizing PERM Labor Certification - DOL Releases New Form ETA-9089

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has announced plans to revise the permanent labor certification (PERM) process in an effort to streamline the program, improve the employer...more

Dickinson Wright

OFLC Clarifies Telecommuting in the PERM Context for Both Prevailing Wage Requests and PERM Applications

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Even before remote working considerations emerged during the COVID-19 pandemic, employers filing applications for Program Electronic Review Management (“PERM”) were grappling with how to prepare Forms 9141 Application for...more

Quarles & Brady LLP

OFLC Guidance on Hurricane Ida Impact

Quarles & Brady LLP on

Federal agencies are providing leniency in light of the significant impact of Hurricane Ida on government operations, corporations, and those residing in the United States. Below we provide a summary of the flexibility that...more

Hahn Loeser & Parks LLP

U.S. Immigration Agencies Respond To COVID-19 Crisis

As the United States responds to the COVID-19 crisis, U.S. immigration agencies are announcing sweeping changes that impact companies and their foreign national workforce. The following is a list of agency updates in response...more

Seyfarth Shaw LLP

Department of Labor Extends Deadlines and Provides Guidance to Employers of Foreign Nationals during the Novel Coronavirus...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 20, 2020, the U.S. Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) issued Frequently Asked Questions in response to the COVID-19 global pandemic, providing guidance and...more

Dickinson Wright

DHS Increases H-2B Cap and Grants 35,000 Supplemental Visas for Second Half of 2020

Dickinson Wright on

In response to an extraordinary demand for seasonal labor, the U.S. Department of Homeland Security (DHS) announced on March 5, 2020 that it will increase the number of H-2B visas available for temporary nonagricultural...more

Jackson Lewis P.C.

Demand For H-2B Visas Remains Higher Than Supply

Jackson Lewis P.C. on

The peak H-2B filing season opened on January 2, 2020, and by the next day the Office of Foreign Labor Certification (OFLC) in the Department of Labor (DOL) had received approximately 5,000 applications for 87,000 seasonal...more

Womble Bond Dickinson

The Government Has Shut Down. Now What?

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Congress was unable to agree on a spending bill and the US government has shut down as of midnight, January 19th. This leaves many wondering how immigration benefits are impacted. The general rule is that those services that...more

Jackson Lewis P.C.

President’s Budget Proposes New DOL Filing Fees For Employers

Jackson Lewis P.C. on

Suspecting that employers seeking to hire foreign workers are not acting in the best interests of American workers, President Trump has requested the authority to establish fees for the adjudication of labor certifications...more

Baker Donelson

Immigration Update: Trying to Cut the Red Tape: Department of Labor Announces Emergency Procedures for Backlogged H-2B...

Baker Donelson on

The Department of Labor (DOL) has recently been experiencing considerable delays in its processing of applications for H-2B status for temporary nonimmigrant workers. The H-2B program allows U.S. employers to bring foreign...more

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